Rakesh Kumar @Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43962 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Rakesh Kumar @RAKESH Mahto Son Of Yamuna Mahto Resident Of Village- Kunhwa, Ps- Kotwa, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh Mr. Krishna Murari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 448, 379, 387, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have assaulted brother of the informant by means of iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.43962 of 2023(3) dt.05-10-2023 2/2 there is case and counter case between the parties. He further submits that allegation against the petitioner is of assaulting brother of the informant but the injury was found simple in nature as per the injury report enclosed in the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kotwa P.S. Case No. 93 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T