Rakesh Kumar @ Rakesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28647 of 2024 Arising Out of PS. Case No.-197 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Rakesh Kumar @ Rakesh Sah S/o- Gorakh Sah Village- Madhuban ward no. 10, East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sandesh Roy, Advocate For the Opposite Party/s :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 324, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code .
3. As per the prosecution case, on the alleged date and time of occurrence, all the F.I.R., named accused persons including this petitioner abused and assaulted the informant's party .
4. It is submitted on behalf of the petitioner that he has falsely been implicated in this case. Allegation against this petitioner is general and omnibus. No specific overt act is alleged against him. The present case has been lodged by the informant to save her skin from the case earlier lodged by the
Patna High Court CR. MISC. No.28647 of 2024(2) dt.14-05-2024 2/2 petitioner vide Madhuban P.S. Case no. 196 of 2022, against the informant and others. Injury sustained by the injured is simple in nature . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the nature of injury, clean antecedent of the petitioner and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari in connection with Madhuban P.S. case No. 197 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/AnkitU T