Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26512 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

RAKESH KUMAR Son of Sri Prabhat Rai 2.

Monu Kumar @ Ashish Kumar Son of Sri Ashok Prasad @ Ashok Yadav @ Ashok Kumar 3.

Bablu Kumar @ Babloo Prasad Son of Late Diya Rai @ Chandradeep Rai 4.

Neel Kamal Kumar Son of Sri Lal Babu Prasad 5.

Raj Kamal Kumar Son of Sri Lal Babu Prasad 6.

Bhairav Kumar @ Bhairo Kumar Son of Sri Ramdeo Prasad @ Ramdeo Singh All are resident of Village - Chiraiyatar, P.S.- Bihta in the district of Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Bihta P.S.case no.518 of 2018 , registered for offences punishable under Sections 147, 148, 149, 448, 354(b), 341, 232, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they came variously arms and threatened the informant and when he protested they assaulted him by Lathi, Rod, Garasa and Khanti and also made indiscriminate firing causing injury to her

Patna High Court CR. MISC. No.26512 of 2019(2) dt.23-04-2019 2/2 husband and later on other accused persons came and started misbehaving with her daughter.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation and there are case and counter case and the police after investigation found the case not true however, the learned Magistrate has taken cognizance.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Danapur, Patna in connection with Bihta P.S.Case No.518 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

chn/- (Vinod Kumar Sinha, J) U T