Raushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36136 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- SAMASTIPUR District- Samastipur ====================================================== RAUSHAN KUMAR @ ROSHAN KUMAR S/o Sunil Ray @ Surendra Ray R/o village- Pethia Gachhi, P.S.- Samastipur (Twon), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case initially registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was also added.

Allegation against the petitioner is that he along with other co-accused persons came and assaulted the son of informant and during course of assault, co- accused Amar Kumar @ Amma assaulted with knife causing injury.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.36136 of 2020(2) dt.26-03-2021 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The specific allegation of assault is alleged against co-accused Amar Kumar. So far petitioners are concerned, general and omnibus allegation has been made against them. No specific overt act is alleged against them.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail 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, Samastipur in connection with Samastipur (Town) P.S. Case No. 28 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T