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Patna High CourtCR. MISC./23973/2023bail granted

Rakesh Singh @ Rakesh Kumar Singh v. The State Of Bihar

2023-05-18Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23973 of 2023 Arising Out of PS. Case No.-282 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== RAKESH SINGH @ RAKESH KUMAR SINGH Son of Late Pyare Nath Singh @ Vishwnath Singh Resident of village - Ibrahimpur, P.S.- Paharpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Paharpur P.S. Case No. 282 of 2022 registered for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The prosecution's case in brief is that on 25.07.2022 at about 11:00 PM when informant was sleeping, Rajesh Singh, Rakesh Singh, Umesh Singh, Rubi Devi, Pammi Devi, Gayatri Devi and 5-6 unknown persons came to her house with lathi, iron rod, taguli and gun and started abusing the family of the

Patna High Court CR. MISC. No.23973 of 2023(2) dt.18-05-2023 2/3 informant. When the informant, her husband and her son came out of their house, Rajesh Singh abused and enquired why her husband had built staircase. When her husband replied, Rajesh Singh got angry and instigated others to beat them. Umesh Singh caught her son and assaulted with fists. When she went to rescue his son, Rajesh Singh slapped her and pushed her on the ground. When her husband came to rescue the informant, Rajesh Singh took him at the point of gun. Rubi Devi assaulted her son with taguli resulting in cut injury on the leg. When her husband tried to escape, Rajesh Singh assaulted him on his head by gun. While her husband was trying to snatch gun from Rajesh Singh, Rakesh Singh assaulted him with iron rod on his head. Learned counsel for the petitioner submits that the petitioner is in custody since 04.02.2023 and the petitioner is innocent and has been falsely implicated in this case and the prosecution story is totally false.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.23973 of 2023(2) dt.18-05-2023 3/3 two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran/concerned Court below in connection with Paharpur P.S. Case No. 282 of 2022. (Sandeep Kumar, J) Shishir/- U T