Rajnish Kumar @ Bade v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23906 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== RAJNISH KUMAR @ BADE SON OF LATE MADAN SINGH R/O VILLAGE- EKWARI, P.S.- SAHAR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sahar P.S. Case No. 224 of 2022, registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the informant on the alleged date and time of occurrence and as far as the petitioner is concerned, he is stated to have inflicted an iron rod blow on the head of the informant.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.23906 of 2023(2) dt.24-06-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injury sustained by the informant has been found to be simple in nature, hence benefit of doubt can be granted to the petitioner for the purposes of grant of anticipatory bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the injury sustained by the informant, attributable to the petitioner herein, has been found to be simple in nature, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.23906 of 2023(2) dt.24-06-2023 3/3 Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Bhojpur, Ara in connection with Sahar P.S. Case No. 224 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T