← Library
Patna High CourtCR. MISC./28763/2022allowed

Rajesh @ Raushan Kumar @ Rajesh Kumar @ Raushan @ Roushan Kumar v. The State Of Bihar

2022-09-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28763 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Rajesh @ Raushan Kumar @ Rajesh Kumar @ Raushan @ Roushan Kumar Son Of Shankar Mandal Resident Of Village - Bajar , P.S.- Rupauli, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Sahni Md. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

Petitioner is said to have assaulted the informant by means of lathi.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the occurrence took place on 14.02.2022

Patna High Court CR. MISC. No.28763 of 2022(2) dt.07-09-2022 2/2 and the FIR was registered on 19.02.2022 after delay of 5 days. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the doctor has found lacerated wound over scalp in frontal region which is vital part of the body of the informant.

Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rupauli P.S. Case No. 44 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T