Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44250 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== RATNESH KUMAR Son of Ram Bihari Rai R/o Village- Basaha, P.S.- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons has threatened the informant with dire consequences after assaulting him.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.44250 of 2021(2) dt.12-04-2022 2/2 the manner as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a land dispute between the parties, as such petitioner has been implicated in this case. Petitioner has two criminal antecedent and the similarly situated co-accused, namely, Ram Narayan Rai and Mithilesh Kumar have been enlarged on bail by a co-ordinate Bench of this court vide order dated 25.06.2021, passed in Cr. Misc. No.32854 of 2020. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Bajpatti P.S. Case No.165 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.