Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62431 of 2021 Arising Out of PS. Case No.-781 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

RAJA KUMAR Son of Faudar Prasad @ Fauzdar Prasad Resident of Village - Godha Semra, P.S.- Majhaulia, District - West Champaran 2.

Rita Devi Wife of Faudar Prasad @ Fauzdar Prasad Resident of Village - Godha Semra, P.S.- Majhaulia, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Amit Kumar Rakesh Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, these petitioners along with other accused persons assaulted the grand father of the informant by means of Lathi, fists and slaps as a result of which he sustained injuries and died during the course of treatment. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. Allegation of assault against these petitioners is general

Patna High Court CR. MISC. No.62431 of 2021(2) dt.11-07-2022 2/2 and omnibus. It is further submitted that specific allegation of assault is against co-accused Faudar Prasad and Vikash Kumar. The occurrence took place due to land dispute. Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia PS case No. 781/ 2020, subject to conditions laid down u/s 438(2) of the Cr.P.C.

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