Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48173 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== 1.
Raushan Kumar, S/o Navlesh Singh, Resident of Village Dumrawan, P.S. Asthawan, District- Nalanda. At present resident of village Bande, P.S. Rajgir, District- Nalanda 2.
Bipin Singh, S/o Shyam Sundar Singh, Resident of Village Bande, P.S.- Rajgir, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2023 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Rajgir P.S. Case No. 177 of 2021 registered for the offences punishable under Sections 341, 323, 308, 506, 504/34 of the Indian Penal Code.
3. Allegedly on account of a trifle, the petitioners along with other accused persons armed with Lathi, Danda, Iron rod and Bamboo barged into the house of the informant and assaulted Dharmendra Singh, Dipak Singh, Akash Singh, Sujay Singh and Nitesh Singh after confining them in a room, due to which they sustained injuries.
Patna High Court CR. MISC. No.48173 of 2023(2) dt.11-08-2023 2/3
4. Learned counsel appearing on behalf of the petitioners submits that there is omnibus allegation of assault against all the F.I.R. named accused persons, including the petitioners. That apart, the injuries sustained to the injured, Dharmendra Singh and Dipak Singh, are concerned, the same are found to be simple in nature. In support of the aforesaid averments, the injury reports have been brought on record by way of Annexure-3 to the application. He next submits that in fact on account of trifling dispute, the family members of both the parties, who are agnates, entered into a scuffle, which resulted into injuries to the persons of both sides.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation vis-a-vis the nature of injuries and the relationship of the parties, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at
Patna High Court CR. MISC. No.48173 of 2023(2) dt.11-08-2023 3/3 Bihar Sharif in connection with Rajgir P.S. Case No. 177 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T