Raj Kumar @ Banda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32068 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== 1.

Raj Kumar @ Banda S/O Late Jagnarayan Sao Resident of Village Sirapar Natthu, P.S.-Parsa Bazar, District-Patna.

2.

Biltu Kumar @ Rahul Kumar S/O Raj Kumar Resident of Village Sirapar Natthu, P.S.-Parsa Bazar, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2022 This case has been taken up for consideration on priority as it was filed one year ago.

Heard Mr. Manoj Kumar, learned advocate for the petitioners and learned Additional Public Prosecutor representing the State.

The petitioners seek bail in anticipation of their arrest in connection with Parsa Bazar P.S. Case No. 389 of 2020 dated 12.10.2020 instituted for the offences under Sections 341, 323, 308, 504/34 of the Indian Penal Code.

Both the petitioners are said to have assaulted the Informant and when the mother and brother of the Informant came to his rescue, they too were also assaulted.

Patna High Court CR. MISC. No.32068 of 2021(2) dt.17-05-2022 2/3 Learned counsel for the petitioners has submitted that the accusation is absolutely false. For an occurrence which took place on 10.10.2020, the case was reported after two days i.e. on 12.10.2020 and that also without any explanation. The background facts according to the petitioners is different. The Informant, in an inebriated state, was abusing the petitioners which resulted in a small clash between them. So far as the mother of the Informant is concerned, she is said to have been assaulted by one Raja, who is not the petitioner before this Court.

The injury report on record do not disclose that any person was severely injured. The petitioners are next door neighbour of the Informant.

Considering the aforenoted circumstances and taking into account that the petitioners are having no criminal antecedent, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Patna in connection with Parsa Bazar

Patna High Court CR. MISC. No.32068 of 2021(2) dt.17-05-2022 3/3 P.S. Case No. 389 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T