Raj Kumar Sao @ Raj Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63467 of 2022 Arising Out of PS. Case No.-178 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== RAJ KUMAR SAO @ RAJ KUMAR PRASAD S/o Late Devi Sao @ Devi Prasad R/V- Ratanpur (Ratnupur), P.S.- Surajgraha, Distt- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Sharma, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard Mrs. Rashmi Sharma, learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Surajgraha P.S. Case no.178 of 2022 instituted under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the IPC lodged on 07.06.2022 by the informant, Dinesh Saw. As per the prosecution story, the accused persons including the petitioner herein armed variously entered the house of the informant and assaulted the informant's side. So far as this petitioner is concerned, the allegation is of assaulting the informant on his head.

It has been submitted that there is case and counter case between the parties, both are agnates and with the help of Annexure-3 which are the injury reports, it has been shown that the same are simple in nature. Further, it has been submitted that

Patna High Court CR. MISC. No.63467 of 2022(2) dt.11-04-2023 2/2 without accepting the allegation, in view of the fact that both the parties are agnates, the petitioner on its own would like to provide medical assistance of Rs.15,000/- irrespective of the outcome of the present petition.

Learned APP opposes the prayer stating that allegation of assault on the petitioner herein. Considering the fact that there is case and counter case, the injuries have been found to be simple in nature and the petitioner being an aged person, this Court is inclined to extend him privilege of anticipatory bail, subject to payment of Rs.15,000/- as has been undertaken by learned counsel for the petitioner.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Surajgraha P.S. Case no.178 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T