Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42805 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.
Rakesh Kumar Son of Harishankar Roy @ Harishankar Ray, Resident of Village - Madudabad, Police Station - Mohiuddinnagar, District - Samastipur.
2.
Ritesh Kumar Son of Vishwanath Ray, Resident of Village - Rahepur, Police Station - Mohiuddinnagar, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Nandan, Advocate.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Mohiuddinnagar P.S. Case No.73 of 2024 instituted under Sections 341, 323, 353, 427, 504 & 506 of the Indian Penal Code.
3. As per the prosecution case, some hot talk took place between the petitioners and informant due to use of vehicle. It is alleged that the petitioner no.1 came to the Block Office and obstructed in discharging of official duty of the informant and other staffs by throwing the files kept in the
Patna High Court CR. MISC. No.42805 of 2024(2) dt.10-07-2024 2/3 office.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is Government Teacher and petitioner no.2 is his cousin brother. Learned counsel submits that with respect to vehicle given on rent by the petitioner no.2 to Block Panchayati Raj Officer, some hot talk took place between the petitioners and the informant, however, the F.I.R. has been lodged after 2 days without any plausible reason. He also submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M. 1st Class, Court No.6, Samastipur in connection with Mohiuddinnagar P.S. Case No.73 of 2024, subject to the
Patna High Court CR. MISC. No.42805 of 2024(2) dt.10-07-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ritik/- U T