Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40342 of 2024 Arising Out of PS. Case No.-348 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Rajesh Kumar @ Rajesh Yadav Son Of Late Bino Yadav Singh Resident Of Village - Mathaar, Ward No. 9, P.S. - Muffasil, District - Khagariya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs Vaishnavi Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 379, 504, 506, 302 of the Indian Penal Code.

3. It is a case of assaulting by the petitioner and other accused persons to the informant's father due to which he sustained injury and thereafter succumbed to injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Althought the petitioner is said to have assaulted the deceased, but the postmortem report is

Patna High Court CR. MISC. No.40342 of 2024(2) dt.20-06-2024 2/2 not in consonance with the prosecution case. Similarly situated co-accused Sanny Kumar has already been enlarged on bail granted by this Court vide order dt. 24.8.2023 passed in Cr. Misc. No. 34966 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 13.2.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has also assaulted the deceased.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khagariya (Muffasil) P.S. Case No. 348 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagariya. (Sunil Kumar Panwar, J) Amandeep/- U T