Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60831 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== RAKESH KUMAR, SON OF LATE BINDESHWARI YADAV, RESIDENT OF WARD NO.15, P.S. - SHANKARPUR, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Swapnil Kumar Singh, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2023 1.

Heard learned counsel for the petitioner and learned APP for the State of Bihar.

2.

The petitioner is apprehending his arrest in connection with Shankarpur P.S. Case No. 01 of 2023 registered for offence under Sections 341, 323, 307, 379, 504 and 34 of Indian Penal Code.

3.

As per prosecution case, while the informant was demarcating his lands, it is alleged that the petitioner along with other co-accused persons have arrived there variously armed and indiscriminately assaulted the informant on exhortation by the instant petitioner.

4.

It is submitted by learned counsel for the petitioner that there is subsisting land dispute between the parties over which there was a fist fight which led to lodging of Shankarpur

Patna High Court CR. MISC. No.60831 of 2023(2) dt.11-10-2023 2/3 P.S. Case No. 240 of 2022 against the present prosecution parties. The instant case is a counter blast to the said case, and has been lodged on the next date after the present informant was apprehended. The submission is that no assault has been attributed against the instant petitioner. He is having no antecedents.

5.

Learned APP for the State has opposed the prayer for bail.

6.

Considering the rival submissions, nature of accusations and the fact that one day prior to the institution of the present FIR, the present accused side had already lodged a case (Annexure-2 to the bail application), as also clean antecedents and the fact that no specific assault is attributed against the petitioner, this Court finds the petitioner entitled to anticipatory bail.

7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 A.C.J.M.-1, Madhepura, in connection with Shankarpur P.S.

Patna High Court CR. MISC. No.60831 of 2023(2) dt.11-10-2023 3/3 Case No. 01 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T