Rahul Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24844 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- BARAHAT District- Banka ====================================================== 1 .

Rahul Kumar Das S/O Mannu Das Resident of Village- Jagata, P.SDhoraiya, District- Banka. 2.

Niraj Das @ Priyaranjan Kumar S/O Nivas Das Resident of Village- Jagata, P.S- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2025 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 , 342, 308 , 384, 379, 504, 506 and 34 of the Indian Penal Code . 3 . The prosecution case in brief, is that on 28.04.2024 , while informant was going by pick up van on way these petitioners and 2 other unknown persons stopped the vehicle and demanded extortion and when informant refuse to give extortion money , these petitioners assaulted informant with iron rod due to which he sustained head injury . It is further alleged that they also took out cash from informant.

Patna High Court CR. MISC. No.24844 of 2025(2) dt.05-05-2025 2/2

4. It is submitted on behalf of the petitioners that both parties are co-villagers and due to petty dispute , this false and concocted case has been lodged against these petitioners. The present incident took place on 28.04.2024 but F.I.R., has been lodged after the delay of 17 days on 15.05.2024 for which there is plausible explanation for the same . Injury allegedly caused by these petitioners are simple in nature . Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the delay in lodging the F.I.R., nature of injury , clean antecedents and circumstances of the case , in the event of arrest or surrender within eight 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 ACJM 1st Banka in connection with Barahat P . S. Case No. 110 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T