Raushan Kumar @ Roushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14028 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== Raushan Kumar @ Roushan Kumar S/o Shree Ram Sah @ Sri Ram Sah @ Sri Lal Sah R/o vill - Dariyapur, P.S. - Nayagaon, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his bail in a case registered for an offence punishable under Sections 341, 323, 354, 504, 379, 506, 324/34 and 307 of the IPC.
3. As per the prosecution case, it is a case of assault upon the informant by means of lathi with intention to kill in which she got hurt on her body.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. On perusal of the first information report and
Patna High Court CR. MISC. No.14028 of 2024(3) dt.19-04-2024 2/2 impugned order dated 23.11.2023, it appears that no injury found upon the informant Chanda Devi and injury found upon middle chin of victim Neelam Devi is simple in nature and petitioner happens to be own nephew of the informant and he is to be own grandson of injured Neelam Devi and only in the background of property dispute as state in para-9 of the petition, this incident has occurred, so considering all aspects of the materiel, the prayer for anticipatory bail of the petitioner is hereby allowed.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Kumari Mithu Rani, Judicial Magistrate, Ist Class, Begusarai/concerned Court in connection with Nayagaon P.S. Case No. 53 of 2023 as laid down under Section 437(2) of the Cr.P.C. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T