Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49107 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- NAUHATTA District- Saharsa ====================================================== 1.

RAJESH KUMAR Son of Late Birendra Yadav Resident of village - Narayanpur, P.S.- Nauhatta (Darhar O.P.), District - Saharsa. 2.

Manish Kumar Son of Nirmal Kumar Yadav @ Nirmal Yadav Resident of village - Narayanpur, P.S.- Nauhatta (Darhar O.P.), District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 of the IPC.

The prosecution case in short is that, on order of the co-accused Bharat Yadav, all the accused persons assaulted the informant and others. It is alleged that petitioner no. 1 fired from a rifle at Tunish Yadav which hit a male buffalo calf and petitioner no. 2 is alleged to have fired with rifle which hit the right thigh of Orsil Kumar.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Admittedly a land dispute is going on between the parties for which, title suit bearing T.S. No. 359/2020 is pending. It is submitted that after investigation police has submitted final form against these petitioners and were not sent up for trial.

Considering the same, in the event of arrest/surrender

Patna High Court CR. MISC. No.49107 of 2022(2) dt.14-12-2022 2/2 within six weeks from today, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned P. Kumar J.M. 1st Class Saharsa in connection with Nauhatta (Darhar O.P.) P.S. Case No. 94/2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U T