Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26224 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- RAFIGANJ District- Aurangabad ====================================================== RAJESH KUMAR Son of Khelawan Paswan Resident of Village - Kajpa, P.s.- Rafiganj, Distt.- Aurangabad, (Bihar)................... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rafiganj P.S. Case No. 114 of 2018, registered for the offences punishable under Sections 341, 323, 448, 307, 379, 504, 506 of the Indian Penal Code.

Four accused persons intruded into the house of the informant and accused Sudhir Paswan assaulted on the head of the informant by means of Lathi while petitioner was standing there with double barrel gun on the place of occurrence and was giving order to assault.

It is submitted by the learned counsel for the petitioner that petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics. There is case and counter case between the

Patna High Court CR. MISC. No.26224 of 2019(4) dt.23-07-2019 2/2 parties. Petitioner does not happen to be assailant rather assailant is Sudhir Paswan. Co-accused Chandan Kumar, Rahul Paswan and Nitish Paswan @ Nitish Kumar have been enlarged on bail by co-ordinate Bench of this Court passed in Criminal Miscellaneous No. 47993 of 2018 vide order dated 29.10.2018. He has no criminal antecedent.

Learned A.P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Rafiganj P.S. Case No. 114 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T