Patna High CourtCR. MISC./1149/2017bail granted

Rakesh Kumar v. The State Of Bihar

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1149 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Rakesh Kumar S/o Nunu Rai R/o Village-Mukundpur, P.S. Sarai, DistrictVaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Sarai P.S. Case No. 89 of 2016 for the offences instituted under Sections 323, 341, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused assaulted the brothers of the informant and the petitioner assaulted the informant by means of sickle causing his head injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A

Patna High Court Cr.Misc. No.1149 of 2017 (2) dt.13-01-2017 2/2 petition has been filed on behalf of the informant stating that the case has been instituted due to mistake of fact. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sarai P.S. Case No. 89 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T