Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44791 of 2023 Arising Out of PS. Case No.-548 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.
RAHUL KUMAR WIFE OF RAMSANAHI PRASAD RESIDENT OF VILLAGE- GANWANDRI, PS- KESARIYA, DIST- EAST CHAMPARAN 2.
RAJU RANJAN PRASAD @ RAJIV RANJAN KUMAR @ RAJU RANJAN SON OF HIRALAL PRASAD RESIDENT OF VILLAGEGANWANDRI, PS- KESARIYA, DIST- EAST CHAMPARAN 3.
BHUSHAN KUMAR SON OF UMESH PRASAD RESIDENT OF VILLAGE- GANWANDRI, PS- KESARIYA, DIST- EAST CHAMPARAN 4.
ATISH KUMAR SON OF RAMNATH SAH RESIDENT OF VILLAGEGANWANDRI, PS- KESARIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 354(B), 504, 379 and 506/34 of the IPC.
3. As per the prosecution case, allegation against the petitioners and other co-accused persons is that they assaulted the informant his family members.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to
Patna High Court CR. MISC. No.44791 of 2023(2) dt.23-08-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Jagannath Prasad @ Jagarnath Prasad, who has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.08.2023 passed in Cr. Misc. No.23802 of 2023. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Kesariya P.S. Case No.548 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T