Rakesh Kumar Ravi @ Rinku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46874 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- SIRDALA District- Nawada ====================================================== Rakesh Kumar Ravi @ Rinku Yadav, Son of Late Mudrika Prasad, Resident of Village- Hemraj Kurha, P.S.- Sirdala, District- Nawada. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anuj Kumar, Advocate.
For the Opposite Party :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 341, 307, 379 and 504/34 of the IPC.
The prosecution story, in brief, is that on 05.03.2018 at 5.00 P.M. the informant was standing at Murli More. At that time, his Villager-Rakesh Kumar Ravi alias RinkuYadav (petitioner) and co-accused Manish Kumar alias Dharmendra Yadav came there with Motorcycle and started hurling abuses and told why he does serve meal to their uncle and Rinku Yadav (petitioner) assaulted him with Dagger near his eye due to which, he fell down there sustaining injury and co-accused Dharmendra Yadav assaulted with Iron rod on his head. Both
Patna High Court Cr.Misc. No.46874 of 2018(3) dt.20-11-2018 2/3 have assaulted with Dagger and Rod and snatched Rs. 4,000/- cash and gold chain and a wrist watch. On hula, nearby people came there and Rajeev Kumar alias Baua hospitalized him at Sirdala Hospital. It is also alleged that earlier the accused persons gave threatening at several times.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada, in connection with Sirdala P.S. Case No. 80 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court Cr.Misc. No.46874 of 2018(3) dt.20-11-2018 3/3 Criminal Procedure.
(Sudhir Singh, J) U.K./- U T