Rajesh Kumar @ Rajesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22311 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- KHAIRA District- Saran ====================================================== 1.

RAJESH KUMAR @ RAJESH KUMAR RAM Son of Ranjeet Ram Resident of Village - Pirojpur, P.s.- Khaira, Distt.- Saran at Chapra. 2.

Shailesh Kumar Ram Son of Ranjeet Ram Resident of Village - Pirojpur, P.s.- Khaira, Distt.- Saran at Chapra.

3.

Vinod Ram Son of Late Ramdeo Ram Resident of Village - Pirojpur, P.s.- Khaira, Distt.- Saran at Chapra.

4.

Vishwajeet Ram @ Bhuar Ram @ Kameshwar Ram Son of Late Ramdeo Ram Resident of Village - Pirojpur, P.s.- Khaira, Distt.- Saran at Chapra. 5.

Ranjeet Ram Son of Late Ramdeo Ram Resident of Village - Pirojpur, P.s.- Khaira, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners submits that he may be permitted to withdraw the present anticipatory bail application with respect to petitioner no.2 (Shailesh Kumar Ram).

Permission is accorded.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323,

Patna High Court CR. MISC. No.22311 of 2022(2) dt.07-11-2022 2/3 379, 324, 307, 448 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 14.08.2021 at 12.30 PM, petitioner no.4 had got a call after which he came at informant's son house and accused the victim for calling to which the victim opposed, it is next alleged that all the accused persons, including the petitioners, came variously armed and abused and thereafter assaulted the victim Abhishek Kumar, Parwati Devi and Kewali Kumar injuring them, further stole Rs. 50,000/- from a box and snatched Magalsutra of gold earrings from the informant's wife.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next alleged that from perusal of Annexure-2, it would manifest that the injuries are simple in nature, as such it cannot be alleged that petitioners intended to commit a serious offence, it is also submitted that the allegation of assault is also general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 3, 4 and 5, in

Patna High Court CR. MISC. No.22311 of 2022(2) dt.07-11-2022 3/3 the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khaira P.S. Case No. 271 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T