Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2358 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

RAHUL KUMAR SON OF BINDESHWAR PRASAD YADAV RESIDENT OF VILLAGE-HARIRAHA, SITAPUR,P.S-KARJAIN BAZAR, DISTRICT-SUPAUL 2.

DILIP KUMAR MEHTA SON OF LAKHAN MEHTA RESIDENT OF VILLAGE-BOVRAHA, P.S- BIRPUR, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Giri For the Opposite Party/s :

Mrs. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The Petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 354(B), 448, 504, 364 (A), 365 and 379 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant and his wife

Patna High Court CR. MISC. No.2358 of 2021(2) dt.15-03-2021 2/2 are said to have assaulted by petitioners with Dabia, Rod, Lathi with intention to kill them.

It is submitted by the learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have falsely implicated in this case due to previous enmity. No incriminating article has been recovered from the conscious physical possession of the petitioners. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The Petitioner No. 2 has no criminal antecedent. The petitioners have been languishing in custody since 23.01.2020.

Learned App for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail 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 in connection with Narpatganj Basmatia P.S. Case No. 28/2020.

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