Rajesh Prasad @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48391 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== RAJESH PRASAD @ RAJESH KUMAR S/O KAPIL PRASAD R/O VILLAGE- SAIDPUR, PS. EKANGARSARAI, DIST. NALANDA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RAVI KUMAR S/O LATE RAJDEO PRASAD R/O VILLAGE- SAIDPUR, PS. EKANGARSARAI, NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra, Adv For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023 Heard Mr. Anil Chandra, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor for the State.

2. Petitioner apprehend his arrest in connection with Ekangar Sarai PS Case No. 47/2023 dated 06.03.2023 registered for the offence punishable under Sections 341/323/307/504/506/34/379 of the IPC.

3. As per FIR, while the informant on the date of occurrence on 06.03.2023 was at his door, the petitioner along with other accused persons at about 8:00 PM arrived there, started abusing him and when the informant protested, he was assaulted by Lathi, Danda. It has further been alleged that the petitioner along with one Rakesh Kumar pressed neck of the informant and assaulted with fists and slaps etc.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48391 of 2023(2) dt.23-08-2023 2/2 both the parties are co-villagers and the occurrence has taken place due to some misbehavior done by the informant against the family members of the petitioner on the eve of Holi. He further submits that the injury caused to the informant is simple in nature as would be evident from Annexure-2. Both the parties have entered into a compromise which would be evident from Annexure-3.

5. Regards being had to the submissions made by the parties, taking into consideration that both the parties are covillagers and the injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, District-Nalanda in connection with Ekangar Sarai PS Case No. 47/2023, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T