Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32404 of 2021 Arising Out of PS. Case No.-243 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== RAJU KUMAR Son of Virendra Kumar @ Virendra Ram Resident of Ekangarsarai, P.S.- Ekangarsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ekangarsarai P.S. Case no. 243 of 2019 instituted for the offence under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant had gone for call of nature, several accused persons including the petitioner knocked him down and co-accused Rama Kumar assaulted him by means of rod resulting into his head injury. Thereafter all accused persons assaulted him by fists, slaps and danda.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.32404 of 2021(2) dt.22-02-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Specific allegation of inflicting head injury is against co-accuse Rama Kumar and not against this petitioner. Over a trivial dispute regarding flowing of drain water in front of the house of the petitioner, the occurrence has taken place.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ekangarsarai P.S. Case no. 243 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Hailsa subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T