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Patna High CourtCR. MISC./60201/2023allowed

Rakesh Kumar @ Rakesh Kumar Choudhary v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60201 of 2023 Arising Out of PS. Case No.-487 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Rakesh Kumar @ Rakesh Kumar Choudhary S/O Raju Chaudhari R/O Mohalla- Sheetal Tola, P.S- Ara Town, Distt.- Bhojpur. 2.

Chandan Kumar @ Chandan Chaudhary @ Chandan Kumari S/O Raju Chaudhari R/O Mohalla- Sheetal Tola, P.S- Ara Town, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code.

3. As per the prosecution case, petitioners are said to have assaulted the nephew of the informant by means of lathi iron rod.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits in

Patna High Court CR. MISC. No.60201 of 2023(2) dt.13-10-2023 2/2 para-10 of the bail application that, during course of investigation, it has come in light that the informant was advised by the doctor for X-ray and CT scan but the same has not been done and without X-ray and CT scan the informant became cure. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ara Town P.S. Case No.487 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T