Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15569 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Rakesh Kumar @ Rakesh Yadav S/O Parmanand Yadav R/O VillageMirjapur Daka Shambhuganj, P.S- Banka, Distt.- Banka (Bihar). 2.

Sourabh Suman @ Sourabh Yadav S/O Parmanand Yadav R/O VillageMirjapur Daka Shambhuganj, P.S- Banka, Distt.- Banka (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the State :

Mr. Sanjay Kumar Sharma, A.P.P.

For the Informant :

Mr. Ravi Prakash Dwivedi, Advocate Mr. Raushan Kumar, Advocate Mr. Ravi Prakash Dwivedi, Advocate Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case No. 338 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 353, 351(2) and 3/5 of the Bharatiya Nyaya Sanhita.

3. As per the allegation, the co-accused persons including the petitioners assaulted the informant and his family members by means of farsa, 'sword' and lathi. Further, they also committed theft in the informant's house.

Patna High Court CR. MISC. No.15569 of 2025(2) dt.02-04-2025 2/2

4. Learned counsel for the petitioners has submitted that the allegations against these two petitioners are general and omnibus. They are the persons of clean antecedent and there is a case and counter case between the parties. A land dispute between the parties is also existing.

5. On the other hand, learned counsel for the informant has opposed the prayer for bail by submitting that all the accused persons badly assaulted the members of prosecution side on account of which, they badly injured.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 338 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Neha/- U T