Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13863 of 2023 Arising Out of PS. Case No.-448 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
RUPESH KUMAR S/O RAJENDRA YADAV R/v- Malhanma, P.S.- Triveniganj, District- Supaul 2.
BAM BAM KUMAR S/O RAJENDRA YADAV R/v- Malhanma, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Mr. Ravindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 504, 354(B) and 307/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 has antecedent of two cases.
4. The informant alleges that on account of dispute relating to land, the accused persons assaulted her husband and petitioners assaulted by farsa causing injury on his neck.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is
Patna High Court CR. MISC. No.13863 of 2023(3) dt.14-07-2023 2/2 further submitted that police after threadbare investigation submitted final form in favour of the petitioners but the learned trial court differing with the police report took cognizance against them. It is next submitted that when one investigating agency has already come to a considered conclusion that petitioners were innocent then no useful purpose would be served by sending them to jail at this stage.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each 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 Triveniganj P.S. Case No. 448 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T