Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62754 of 2018 Arising Out of PS. Case No.-211 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Raj Kumar, S/o Santosh Prasad, Resident of Sabji Mandi, P.S.-Kadamkuan, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 452, 341, 323, 379, 307 & 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons came in the kitchen of Republic Hotel where the informant was working as cook. The accused persons asked for meal, to which, the informant asked them to wait. In consequence thereof, the accused persons started abusing and assaulting the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. No

Patna High Court Cr.Misc. No.62754 of 2018(3) dt.22-11-2018 2/2 deadly weapon is alleged to have been used in course of occurrence. From perusal of FIR itself, it is evident that a superficial injury has been caused upon the victim. A belt is alleged to have been used for making assault. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 Sub Judge-VI-cum-ACJM, Patna in connection with Gandhi Maidan P.S. Case No. 211 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T