Rakesh Prasad @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8113 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== RAKESH PRASAD @ RAKESH KUMAR Son of Late Mangar Mahto R/o Dumariya P.s- Bairiya Dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504 and 34 IPC. Allegation against the petitioner is that he assaulted the informant by means of Bhala on his left lower part of shoulder. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that both sides are agnates and there is an admitted land dispute between them and for the alleged occurrence, there is case and counter-case between the parties. Both sides have sustained injuries in the alleged scuffle, which

Patna High Court CR. MISC. No.8113 of 2023(2) dt.09-05-2023 2/2 injury is simple in nature as per Annexure-3 of the bail application. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 Bairiya P.S. Case No.192/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T