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Patna High CourtCR. MISC./72227/2021bail granted

Rakesh Kumar v. The State Of Bihar

2022-08-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72227 of 2021 Arising Out of PS. Case No.-201 Year-2018 Thana- BIHAR District- Nalanda ====================================================== RAKESH KUMAR S/o- Nand Kishore Yadav Resident of Village - Nakatpura, P.S. - Bihar, Distt. - Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 201 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 326, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation, thirteen named accused persons equipped with iron rod, lathi etc. intercepted the informant from passing through the pathway. The allegation against co-accused Raushan Kumar is that he fired upon Jai Lal Prasad, the brother of the informant. The specific allegation against the petitioner is that he assaulted one Rajesh Kumar with iron rod on his head.

Patna High Court CR. MISC. No.72227 of 2021(2) dt.01-08-2022 2/2 Learned counsel for the petitioner has submitted that Rajesh Kumar has sustained simple injuries. There is case and counter case and the petitioner is a person of clean antecedent. He has submitted further that both the parties have compromised in the present case as well as in the counter case.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Bihar P.S. Case No. 201 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T