Raju Rajbhar @ Raju @ Raj Kishore Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47964 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- DURAULI District- Siwan ====================================================== RAJU RAJBHAR @ RAJU @ RAJ KISHORE RAJBHAR S/O SURENDRA RAJBHAR R/O VILLAGE- KEWTALIYA, PS. DARAULI, DIST. SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Darauli PS Case No. 21 of 2023 dated 28-01-2023 registered under Sections 341 / 323 / 307 / 379 / 504 / 34 of the IPC.

3. On 28-01-2023 the FIR has been lodged by the informant alleging that on date of occurrence i.e. on 23/01/2023 in the morning while he was strolling on the village road, the petitioner arrived there and assaulted him with iron rod on his head and also assaulted upon the shoulder and feet.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to some scuffle between the informant and the petitioner on the point of cricket ball having been gone into the courtyard of the informant

Patna High Court CR. MISC. No.47964 of 2023(2) dt.23-08-2023 2/2 from the play ground of the school which is situated adjacent to the house of the informant. Learned counsel next submits that there is five days unexplained delay in lodging of the FIR. Referring to Annexure- 2 (injury report), learned counsel submits that injury caused to the informant is simple in nature.

5. Regard being had to the submission made by the parties, taking into consideration the fact that injury caused to the informant is simple in nature as per injury report annexed at Annexure- 2 of this application and the petitioner has no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Darauli PS Case No. 21 / 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T