Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29218 of 2024 Arising Out of PS. Case No.-374 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Raushan Kumar Son of Nand Lal Sahni Resident of Village- Pakri, Madhusudan @ Permanandpur, P.S.- Lalgang, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.The petitioner apprehends arrest in connection with Lalganj P.S. Case No. 374 of 2023 dated 27-10-2023, instituted for the offence punishable under Sections 341,323,379 354,307,325, 504 and 506/34 of the Indian Penal Code.
3. The prosecution case in short that on 26-10-2023 accused persons, including the petitioner armed with various weapons came at the house of the informant and started abusing him. On protest, it is alleged that co-accused Ajit Kumar gave sword blow on the head of informant causing head injury. Coaccused, namely, Nand Lal Sahni assaulted the informant on his head with iron rod. It is further alleged that when the informant's wife and his daughter came to save him then accused persons also assaulted them. Allegation against the
Patna High Court CR. MISC. No.29218 of 2024(3) dt.31-07-2024 2/2 petitioner is that he snatched gold chain from the neck of wife of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that no allegation of assault is attributed against the petitioner and specific allegation of assault by means of sword on the head of the informant is attributed against coaccused, namely Ajit Kumar. Lastly, it has been submitted that petitioner has no criminal antecedents.
5.Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lalganj P.S. Case No. 374 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T