Rahul Kumar @ Rahul Kumar Sah @ Rahul Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43054 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- PARSA District- Saran ====================================================== 1.

RAHUL KUMAR @ RAHUL KUMAR SAH @ RAHUL SAH S/O JANARDHAN SAH R/O VILLAGE-BHAGWANPUR, P.S-PARSA, DISTRICT-SARAN AT CHAPRA.

2.

PANKAJ KUMAR @ PANKAJ SAH S/O JANARDHAN SAH R/O VILLAGE-BHAGWANPUR, P.S-PARSA, DISTRICT-SARAN AT CHAPRA.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP Mr. Narendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP, Mr. J.N. Thakur assisted by learned counsel for the informant, Mr. Narendra Kumar.

The petitioners apprehend their arrest in connection with Parsa P.S. Case No. 54 of 2021, registered for the offences punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code.

As per allegation, when the informant went to see his mustard crop he saw co-accused Jitendra Sah engaged in uprooting his crops. When he prohibited, Jitendra Sah abused him. The

Patna High Court CR. MISC. No.43054 of 2021(4) dt.23-08-2022 2/2 allegation against the petitioner Rahul Kumar is that he assaulted with iron rod on the head of the informant and specific allegation against petitioner No. 2 is that he assaulted Arun Kumar Sah. Learned counsel for the petitioner has submitted that there is case and counter case and the petitioners are the persons of clean antecedents.

On the other hand, the learned counsel for the informant has submitted that the injuries suffered by Arun Sah is grievous in nature which was attributed against the petitioner No. 2. As such, petitioner No. 2 is not entitled for anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected. So far as petitioner No. 1 is concerned, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX Saran at Chapra in connection with Parsa P.S. Case No. 54 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) niku/Sonali/- U T