Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12536 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.
RAHUL KUMAR SON OF LATE RAMEKBAL SAH R/O VILLAGEMUJA, WARD NO.12, P.S.- RAXAUL, DISTRICT- EAST CHAMPARAN 2.
DEEP CHANDRA PRASAD SON OF LATE RAMEKBAL SAH R/O VILLAGE- MUJA, WARD NO.12, P.S.- RAXAUL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners as well as learnd counsel for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 354(B), 120(B), 386, 455, 504, 506, 427 of the Indian Penal Code.
The prosecution case is that, the informant purchased a land and have let out some of the rooms on rent and one room was kept by her son for the purpose of godown. It is alleged that the petitioners and other co-accused persons entered into her house and assaulted them and also threatened them to vacate the
Patna High Court CR. MISC. No.12536 of 2023(2) dt.28-04-2023 2/3 house.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is allegation against the petitioner no.1 to abuse Shanti Devi and others. There is an admitted land dispute between the parties. He further submits that the matter is of civil nature. The petitioners are full brothers of co-accused Krishna Prasad. Petitioners have one criminal antecedent, as also mentioned in paragraph-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is a civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.12536 of 2023(2) dt.28-04-2023 3/3 court below where the case is pending/Successor Court in connection with Raxaul P.S. Case No.468 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T