Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11723 of 2021 Arising Out of PS. Case No.-178 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rahul Kumar Ram Prasad Mahto Resident Of Mohalla/Village- Thakurnia Muriya, P.S. Sadar (Bhalpatti O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sadar P.S. Case No. 178 of 2020 registered for the offence punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code. Allegation against the petitioner is that he with other coaccused persons assaulted son of the informant by stabbing knife on the belly and buttock portion of the body as a result of which he sustained injuries and they also snatched his mobile phone and after seeing villagers creating hulla they all fled away on her motorcycle toward Loam.

Patna High Court CR. MISC. No.11723 of 2021(2) dt.13-07-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that the version of victim recorded under Section 161 Cr.P.C. does not support the version of F.I.R and victim has never been stated that petitioner has assaulted him rather another one among the three caused injury by knife. He further submits that there was no injury sustained as alleged by the informant in his version and all injury as per impugned order are simple in nature. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 22.05.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sadar P.S. Case No. 178 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T