Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21038 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Rajesh Kumar Son Of Horil Sah Resident Of Village - Chauhaniya, P.S. - Madhuban, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 354B, 504 and 34 of the Indian Penal Code. As per FIR, the allegation against the petitioner along with co-accused persons is that they came at the house of the informant and started abusing and upon protest all accused persons assaulted son of the informant and his family members due to which they sustained injuries. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and informant are agnates and due to inimical terms petitioner has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.21038 of 2023(2) dt.19-05-2023 2/2 submitted that FIR has been lodged after delay of two days without given any cogent reason. There is case and counter between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that the petitioner is languishing in judicial custody since 12.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 124 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari. (Sunil Kumar Panwar, J) Manishkumar/- U T