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Patna High CourtCR. MISC./54546/2023bail granted

Rahul Agrawal @ Vicky Kumar v. The State Of Bihar

2023-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54546 of 2023 Arising Out of PS. Case No.-392 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rahul Agrawal @ Vicky Kumar Son Of Ramesh Agrawal @ Ramesh Kumar Agrawal Resident Of Mohalla- Raja Bazar, Ps- Motihari Town, Dist- East Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 308 and 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner is alleged to have hired professional person to cause deadly attack on the informant.

4. It is submitted that due to land dispute petitioner has falsely been made accused in this case . No specific overt act is alleged against this petitioner. Except suspicion , there is no other evidence to support the prosecution case . Prior to present case, the father of the petitioner, namely Ramesh Kumar

Patna High Court CR. MISC. No.54546 of 2023(2) dt.21-08-2023 2/2 Agrwal has lodged Town P.S. Case No. 432 of 2021 and Town P.S. Case No . 373 of 2020 against the informant and others and to save skin from the aforesaid cases, informant lodged this false and concocted case against the petitioner.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Chief Judicial Magistrate, East Champaran , Motihari in connection with Motihari Town P.S. case no. 392 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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