Rajpal Kumar @ Rajpal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23861 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== RAJPAL KUMAR @ RAJPAL YADAV, Son of Baran Yadav @ Biran Resident of Village - Porai, P.S.- Harnaut, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Harnaut P.S. Case No. 424 of 2022 dated 02.08.2022 registered for the offences punishable u/s 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the allegation against the petitioner and the co-accused persons is of assaulting the informant and his son with lathi and danda. Thereafter, the petitioner fired on the informant's son with his pistol. The

Patna High Court CR. MISC. No.23861 of 2023(2) dt.23-05-2023 2/2 informant's son sustained injury on his thigh and he was admitted to the hospital for treatment.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. No recovery has been made from the possession of the petitioner. The injured sustained injury on the non-vital part of the body. The petitioner has got two criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.01.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 424 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T