Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29585 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

RAHUL KUMAR S/o Lal Mohan Prasad Resident of Village- Hussaini, P.S.- Dumariyaghat, District- East Champaran. 2.

Ranju Devi W/o Lal Mohan Prasad Resident of Village- Hussaini, P.S.- Dumariyaghat, District- East Champaran.

3.

Rohit Kumar S/o Lal Mohan Prasad Resident of Village- Hussaini, P.S.- Dumariyaghat, District- East Champaran.

4.

Navneet Kumar S/o Lal Mohan Prasad Resident of Village- Hussaini, P.S.- Dumariyaghat, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner no.1, after making submission that though it is alleged that Rahul and Vikash assaulted the informant causing injury on his left hand but then injury is only one.

Permission is accorded.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341,

Patna High Court CR. MISC. No.29585 of 2022(2) dt.27-09-2022 2/3 323, 324, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner nos. 2, 3 and 4 are persons with clean antecedent and the informant alleges that while he was doing construction work on his land, the accused persons, including the petitioners, along with 5-6 unknown accused came and started abusing the informant and on orders of Ranju Devi, Lal Mohan gave farsa blow causing injury on his head, further Rahul and Vikash gave Khukhari blow causing injury on left hand of the informant. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that as far as petitioner no.

3 and 4 are concerned against them, the allegation of assault is general and omnibus in nature and petitioner no.2, who is a woman, has been implicated on the allegation that she was an order giver based on which the occurrence took place, it is next submitted that it is very easy to implicate someone by alleging that the person is an order giver. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2, 3 and 4, in the event of their arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.29585 of 2022(2) dt.27-09-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumariya P.S. Case No. 21 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T