Rakesh Nayak @ Rakesh Kumar Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19968 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

Rakesh Nayak @ Rakesh Kumar Nayak Son Of Late Om Prakash Nayak R/O Ward No.1, Village- Laheriya Ganj, P.S. And District- Madhubani 2.

Baiju Kumar Son Of Satyanarayan Prasad Mahto R/O Ward No.19, VillageGola Bandh Road, Ward No.19 Near Gandhi Pustakalay , P.S. And DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 447, 324, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code.

As per FIR, all the accused persons including the petitioners and 10 unknown armed with deadly weapons attacked the informant. It is further alleged that all of them forcefully entered into the house of informant and started looting.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.19968 of 2023(2) dt.27-06-2023 2/2 this case. He submits that as per allegation both petitioners assaulted on the leg but only one injury was found which is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Madhubani (Town) P.S. Case No. 400 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T