Abhinash Kumar @ Avinash Kumar @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43399 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- RAHUI District- Nalanda ====================================================== 1.
Abhinash Kumar @ Avinash Kumar @ Bhola S/O Dharmendra Yadav @ Dharmendra Prasad R/O Village-Balwapur,P.S- Rahui,District Nalanda 2.
Shankar Yadav @ Shankar Kumar S/O Dharmendra Yadav @ Dharmendra Prasad R/O Village-Balwapur,P.S- Rahui,District Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Adv.
For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Rahui P.S. Case No. 143 of 2024 registered under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.
3. As per prosecution case, petitioner no. 1 is alleged to have assaulted on the head of informant by means of iron rod and petitioner no. 2 is alleged to have assaulted from behind on the forehead of the informant with the butt of pistol. It is further alleged that petitioners also snatched Rs. 9,000/- and chain of the informant.
Patna High Court CR. MISC. No.43399 of 2024(2) dt.23-07-2024 2/3
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that on 16.03.2024, when petitioner no. 1 was coming home on his tractor after ploughing the field, in the same sequence, his tractor engine touched the electric wire near Dhananjay's house and when petitioner asked the informant for removal or tightening of the loose wire, a simple Maarpit took place between them. Petitioner no. 1 has also filed a Complaint Case No. 275 of 2024 against the informant and another for the same occurrence. Both the parties have sustained injuries in the alleged occurrence. It is next submitted that informant sustained four injuries in which three injuries are simple in nature. Petitioner no. 1 has got one criminal antecedent, in which, he is on bail. Petitioner no. 2 has got clean antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.43399 of 2024(2) dt.23-07-2024 3/3 Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 143 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T