Patna High CourtCR. MISC./11889/2024bail granted

Rakesh Kumar @ Khushboo @ Rakesh Yadav v. The State Of Bihar

2024-03-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11889 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Rakesh Kumar @ Khushboo @ Rakesh Yadav Son of Subhash Yadav Resident of Village- Dhurgaon, Narsinghbagh, Ward No.-01, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Rashmi, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Madhepura (Bharrahi O.P) P.S Case No. 305 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(A), 504/34 of I.P.C and Section 27 of the Arms Act.

3. As per prosecution case, petitioner along with other co-accused have assaulted the informant and his sons with lathi-danda, rod, Farsa etc.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.11889 of 2024(2) dt.01-03-2024 2/2 further submitted that there is no allegation of repetition of assaulting against the petitioner and the assault was not with intention to kill the injured. It is also submitted that petitioner is in judicial custody since 24.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class Madhepura, in connection with Madhepura (Bharrahi O.P) P.S Case No. 305 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T