Ritesh Thakur @ Ritesh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18574 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Ritesh Thakur @ Ritesh Kumar Thakur S/O- Late Madan Thakur R/OVillage- Madhuawa Brit, P.S.- Rajepur, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sudhanshu Prakash, Advocate For the State :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 162 of 2023 instituted for the offence under Sections 147, 149, 341, 323, 324, 325, 307, 427, 379, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that accused persons including the petitioner were sowing paddy in the field which belongs to the informant and on protest, they assaulted informant and his cousin brother, due to which his cousin brother sustained injury on the head.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-12-2023. Petitioner is a

Patna High Court CR. MISC. No.18574 of 2024(2) dt.14-03-2024 2/2 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioner. There is no specific allegation attributed to the petitioner. From perusal of the lower court order, it would reveal that the two injuries are caused by sharp cut object and hard and blunt substance, respectively. There is case and counter case between the parties.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and no direct allegation against the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the 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 Court below/concerned Court in connection with Rajepur P.S. Case No. 162 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T