Rahul Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14089 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== 1.
Rahul Kumar Yadav, Male, aged about 19 years, SON OF HUKUM YADAV RESIDENT OF VILLAGE- SAHORBA, PS- RAJNAGAR, DISTMADHUBANI 2.
RAM DULAR YADAV, male, aged about 27 years, SON OF RAJ KISHOR YADAV, RESIDENT OF VILLAGE- HARISHWARA, PS- KHAJAULI, DIST- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP For the informant :
Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioners, Mr. Anuj Kumar Shrivastava learned APP for the State and Mr. Ravi Ranjan, learned counsel for the informant.
2. The petitioners seek pre-arrest bail in connection with Khajauli P.S. Case No. 217 of 2023 registered for the offence(s) punishable under Sections 447, 341, 323, 324, 337, 379, 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners, with an intention to kill the informant, assaulted him, causing injury on
Patna High Court CR. MISC. No.14089 of 2024(3) dt.16-04-2024 2/3 head and temporal region, which is vital part of the body.
4. Learned counsel appearing on behalf of the petitioners submitted that there is general and omnibus allegation against the petitioners and admittedly injuries sustained by the informant is simple in nature, though he had to undergo for treatment. Learned counsel further submitted that FIR is lodged after much delay.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Mr. Ravi Ranjan, learned counsel, has tendered his appearance on behalf of the informant and vehemently opposed the prayer for grant of pre-arrest bail on behalf of the petitioners. He submitted that petitioners have assaulted the informant and there are multiple injuries on the vital part of the body of the informant, which shows that with a common intention, they wanted to kill the informant and, as such, petitioners don't deserve to be released on bail.
7. Considering the nature of allegation made in the FIR, and in absence of any specific allegation made against the petitioners with respect to the assault caused on the body of the informant and the injury being simple in nature, the petitioners, above named, are directed to be released on pre-arrest bail, in
Patna High Court CR. MISC. No.14089 of 2024(3) dt.16-04-2024 3/3 the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class Madhubani in connection with / Khajauli P.S. Case No. 217 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T