Rustam Kuraisi @ Rostam Kuraisi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37398 of 2022 Arising Out of PS. Case No.-195 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== RUSTAM KURAISI @ ROSTAM KURAISI SON OF BECHAN KURAISI R/O VILLAGE- KASAB TOLA, CHAINPUR, P.S.- CHAINPUR, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 147/148/149/447/341/323/324/325/307/354(B)/379/504 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.

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 the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.37398 of 2022(2) dt.22-11-2022 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Allegation against the petitioner is that he assaulted the informant by means of garasi on the vital part of the body but the same injury was found to be simple in nature. Learned APP for the State opposed the prayer for bail and submits that learned court below has rejected the bail application of the petitioner on the ground that injury was on the vital part of the body.

Having regard to the facts and circumstances of the case, since injury is simple in nature, 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 Chainpur P.S. Case No.195 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T