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Patna High CourtCR. MISC./3327/2023bail granted

Rakesh Kumar @ Pradeep Kumar Roy v. The State Of Bihar

2023-05-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3327 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== RAKESH KUMAR @ PRADEEP KUMAR ROY SON OF LATE SITARAM RAY @ KAMLESH RAY @ KAMLESH KUMAR RAY R/O VILLAGEBALLIPUR, P.S.- HATHAURI, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 337, 323, 379, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, petitioner along with other accused persons, came to the informant and assaulted him with lathi, danda, bricks and rod. Petitioner is said to have pushed the informant due to which he fell down on the ground.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to enmity. The allegation levelled

Patna High Court CR. MISC. No.3327 of 2023(2) dt.04-05-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. A title suit being Title Suit No.384 of 2022 is pending between the parties. The injuries sustained by the victim are simple in nature. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the nature of the injuries sustained by the informant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hathauri P.S. Case No. 116 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T