Kokna @ Rajesh @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40792 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Kokna @ Rajesh @ Rajesh Kumar son of Vidhya Mahto @ Vidyanand Mahto Vill- W.No-23, Ps- Bakhri Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 22.03.2024, while the informant was standing at Banarsi Bhuja shop, this petitioner along with one other accused person, riding on motorcycle, came and started abusing the informant. On objection, the accused persons assaulted the informant with fists and slaps and gave knife blow on his head. When father of the informant tried to save him, he was also assaulted by the accused persons. It is further alleged that this petitioner also stole the gold chain of father of the informant.
Patna High Court CR. MISC. No.40792 of 2024(2) dt.15-07-2024 2/2
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to petty dispute between the parties. Injury allegedly caused by the petitioner is simple in nature and allegation under Section 379 of the Indian Penal Code is super addition only to make the case grave. Petitioner claims clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-II, Begusarai in connection with Bakhri P. S. Case No. 99 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T