Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59319 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- KARPI District- Jehanabad ====================================================== 1.

Rahul Kumar S/O Rajeshwar Bind Resident Of Village- Karpi, P.S.- Karpi, District- Arwal.

2.

Jitu Kumar S/O Rajeshwar Bind Resident Of Village- Karpi, P.S.- Karpi, District- Arwal.

3.

Gobind Kumar @ Gobinda Kumar S/O Binay Bind Resident Of VillageKarpi, P.S.- Karpi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 At the outset, It is submitted by learned counsel for the petitioner no.1 namely, Rahul Kumar that he seeks permission to withdraw this application.

Permission is accorded.

This application is dismissed as withdrawn against petitioner no.1 namely, Rahul Kumar.

So far petitioner no.2 and 3 are concerned, they seek regular bail in connection with Karpi P.S. Case No. 191 of 2022 registered for the offence under Sections 341, 323, 325, 307, 379, 504, 427, 506/34 of the Indian Penal Code. As per prosecution case, when the informant was at

Patna High Court CR. MISC. No.59319 of 2022(2) dt.04-02-2023 2/3 his house, in meantime, the petitioners along with other coaccused persons entered his her house followed by abusing. On protest, they assaulted on her head and her family members with intention to kill her.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. There is a dispute with regards to construction of wall between both the parties due to which the petitioners have falsely been implicated in this case. There is case and counter case between them, both parties sustained injuries as alleged in separate occurrence. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 29.7.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner nos. 2 & 3 on bail. The above named petitioners are directed to be released on bail in connection with Karpi P.S. Case No. 191 of 2022 on furnishing

Patna High Court CR. MISC. No.59319 of 2022(2) dt.04-02-2023 3/3 bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad.

(Sunil Kumar Panwar, J) amandeep/- U T