Rakesh Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35288 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- PAUTHU District- Aurangabad ====================================================== Rakesh Kumar @ Chhotu son of Dhirendra Sharma Resident of VillageMala, P.S.- Pouthu District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pouthu P.S. Case no. 02 of 2025 instituted for the offence under Sections 126 (2), 115(2), 117(2), 109, 3(5) of B.N.S.S.

3. As per allegation in the FIR, on the alleged date of occurrence, while informant was engaged in his agricultural field, petitioner along with his brother (Gopal Kumar) came there and assaulted him by means of iron rod as a result of which informant received injury in his left hand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Specific allegation of assault is against petitioner's brother and not against the petitioner. Both parties are agnates and co-sharer. The alleged scuffle took place over a land dispute. Informant has received injury in his hand, which

Patna High Court CR. MISC. No.35288 of 2025(3) dt.20-08-2025 2/2 is a non-vital part. There is no allegation of repeated blow and only one injury was found and the same is not attributed specifically to this petitioner.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pouthu P.S. Case no. 02 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) sushma/- U