Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35765 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Raushan Kumar S/O Rahul Rai R/O VILLAGE- Patdaura, P.S. - Bajpatti, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner dealt a knife blow over the stomach of the informant's son as a result of which the intestine came out. It is further alleged that all the accused persons assaulted them with knife causing bleeding injuries to them. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and there is no specific allegation against the petitioner and petitioner is in custody since 31.01.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.35765 of 2024(2) dt.20-05-2024 2/2 6.

On perusal of the first information report and impugned order dated 22.04.2024, it appears that on the day of occurrence, when the son of the informant was going to his house, on the way, the accused persons including the petitioner intercepted him and began hurling abuses at him and when the informant's son protested against hurling of abused, the accused persons including the petitioner assaulted him and there is specific allegation against this petitioner that he gave knife blows over the stomach of the informant's son causing bleeding injuries to him, as such, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. However, the learned trial Court is directed to conclude the trial within a period of one year from the date of receipt of a copy of this order and if the trial is not concluded, then the petitioner may renew his prayer for bail before the trial Court.

(Ramesh Chand Malviya, J) Brajesh Kumar/Vinayak U T