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Patna High CourtCR. MISC./22797/2024disposed

Rajeev Kumar @ Rajeev Kumar Singh v. The State Of Bihar

2024-07-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22797 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- GURARU District- Gaya ====================================================== 1.

Rajeev Kumar @ Rajeev Kumar Singh Son of Ramesh Yadav Resident of Village- Ranapur, Police Station- Guraru, District- Gaya 2.

Raju Kumar Son of Ramesh Yadav Resident of Village- Ranapur, Police Station- Guraru, District- Gaya 3.

Naresh Yadav @ Kail Yadav Son of Hira Yadav @ Heera Yadav Resident of Village- Ranapur, Police Station- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323, 504, 325, 307 and 34 of the Indian Penal Code . 3 . As per F.I.R., petitioner No. 1 assaulted the uncle of the informant by means of iron rod and when her daughter came to her rescue, she was also assaulted by other co-accused persons, due to which both of them sustained injuries.

4. It is submitted on behalf of the petitioners that the petitioners are innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.22797 of 2024(3) dt.10-07-2024 2/2 case. There is general and omnibus allegation of assault against these petitioners. Informant is in the habit of filing false case against the petitioners just to keep them in fear and pressure. 5 . Learned counsel for the State opposes the bail petition and submits that injury caused by petitioner No. 1 is grievous in nature.

6. Considering the nature of injury and other circumstances of the case, the pre-arrest bail petition of the petitioner No. 1 is rejected.

7. Considering the general and omnibus allegation of assault against petitioner Nos. 2 and 3 and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate Xth , Gaya in connection with Guraru P.S. Case No. 175 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T