Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2790 of 2022 Arising Out of PS. Case No.-75 Year-2021 Thana- MANPUR District- Nalanda ====================================================== Rakesh Singh @ Rakesh Kumar S/O Late Arjun Singh R/O Village- Tiuri, P.S.- Manpur, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 324/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was coming back home on his vehicle and when he reached near the house of Rajnandan Singh, all the accused persons including the petitioner intercepted him and it is alleged that petitioner assaulted the informant by Hasuli causing injury on his head and again assaulted him causing injury on his back.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2790 of 2022(2) dt.11-08-2022 2/3 petitioner has been falsely implicated in the present case. It is next submitted that the F.I.R. does not disclose any reason or motive behind the occurrence. It is next submitted that no occurrence take place without any reason, but since F.I.R. is completely silent in that respect, which creates suspicion. It is further submitted that the F.I.R. was instituted two days after the occurrence and the injury suffered by the informant is simple in nature, as such, the informant had time to institute the F.I.R. promptly.

The learned Additional Public Prosecutor opposes the anticipatory bail application, but is not able to rebut the submission of the learned counsel for the petitioner and there is delay in instituting the F.I.R. and injuries suffered by the informant is simple as is evident from Annexure-2 to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where

Patna High Court CR. MISC. No.2790 of 2022(2) dt.11-08-2022 3/3 the case is pending in connection with Manpur P. S. Case No.75 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T