Rajesh Das @ Rajesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71911 of 2021 Arising Out of PS. Case No.-152 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rajesh Das @ Rajesh Kumar Das, Son Of Sikendra Das R/O VillageGosainpath (Sago), P.S.- Khodabandpur, District- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/ 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation against him is of assaulting Manit Das with iron rod on head causing injury and also assaulting the mother of the informant and of disrobing her. Further, it is alleged that Kishan Das and Rajesh Das (petitioner) also snatched the motorcycle of Rahul and ornaments of his wife, who were coming on a motorcycle. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would

Patna High Court CR. MISC. No.71911 of 2021(2) dt.02-08-2022 2/3 manifest that the occurrence took place as the informant was not willing to work for the petitioner. It is next sbmitted that now-adays, it is not just possible in the village to force someone to work for earning in the village. It is next submitted that petitioner has been falsely implicated in the present case as it is alleged in the F.I.R. that he assaulted Manit Das with an iron rod causing injury on the head, but from perusal of the injury report as Annexure-2, it would manifest that the injury is incised, as such, the allegation of assault by iron rod stands falsified and the injuries are simple in nature. Similarly the injury on the mother of the informant is also simple. The learned counsel next submits that petitioner is not a criminal, he is a businessman and having shop in the village and has been falsely implicated for the reasons best known to the informant.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.71911 of 2021(2) dt.02-08-2022 3/3 pending in connection with Khodawandpur P. S. Case No.152 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/nikuU