Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48847 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- ROHTAS District- Rohtas ====================================================== 1.

Ritesh Kumar Son of Bhimleshwar Prasad Gupta Resident of VillageLebura Banjari, P.S.- Rohtas, District- Rohtas. 2.

Rahul Gupta Son of Bhimleshwar Prasad Gupta Resident of Village- Lebura Banjari, P.S.- Rohtas, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Rohtas P.S. Case No.30 of 2021, registered for the offences punishable under Sections 323, 448, 307, 354, 379 and 34 of the Indian Penal Code.

The petitioners and other co-accused persons are said to have entered into the house of the informant after breaking the door and the started assaulting the informant. The petitioners are said to have assaulted the informant on his head by means of sariya causing head injury. When the wife of the informant came to save him, she was also assaulted with knife and sariya. The

Patna High Court CR. MISC. No.48847 of 2021(2) dt.26-04-2022 2/3 accused persons took away Rs.20,000/- from the informant. The accused persons also took away the jewellery of the wife of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties and both sides sustained injuries. It is submitted that the occurrence took place on 10.02.2021, but the FIR was lodged on 13.02.2021 after delay of three days. It is also submitted that the injuries are simple in nature and the petitioners have got no criminal antecedent as stated in paragraph 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts that there is delay in lodging the FIR and the injuries are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dehri-On-Sone in connection with

Patna High Court CR. MISC. No.48847 of 2021(2) dt.26-04-2022 3/3 Rohtas P.S. Case No.30 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T