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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28153 of 2024 Arising Out of PS. Case No.-461 Year-2023 Thana- PIRO District- Bhojpur ====================================================== 1.

Rakesh Kumar @ Rakesh Kumar Choudhary Son Of Baliram Choudhary Resident Of Village- Jamunipur, Ps- Piro (HASAN Bazar Op) Dist- Bhojpur 2.

Ayodhya Choudhary Son Of Late Motichand Choudhary Resident Of Village- Jamunipur, Ps- Piro (HASAN Bazar Op) Dist- Bhojpur 3.

Jaishankar Choudhary Son Of Late Motichand Choudhary Resident Of Village- Jamunipur, Ps- Piro (HASAN Bazar Op) Dist- Bhojpur 4.

Ram Pravesh Choudhary @ Ram Pravesh Singh Son Of Gulab Choudhary Resident Of Village- Jamunipur, Ps- Piro (HASAN Bazar Op) Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Piro P.S. Case No. 461 of 2023 registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, all the FIR named accused persons assaulted the informant and others by means of lathi and iron rod due to which four persons sustained injuries, out of which, one Krishna Chaudhary was died during course of

Patna High Court CR. MISC. No.28153 of 2024(2) dt.14-05-2024 2/2 treatment.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that there is case and counter case between the parties. The injuries allegedly caused by these petitioners are simple in nature. As per F.I.R., these petitioners have not assaulted the deceased.

5. Having considered the fact that no allegation of assault to the deceased against these petitioners and the injuries caused by these petitioners are simple in nature, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Bhojpur, Ara in connection with Piro P.S. Case No. 461 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T