Rakesh Roushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69393 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== 1.
Rakesh Roushan Son of Kailash Yadav Resident of Village - Utesara, PsSalkhua, Dist- Saharsa 2.
Sourav Suman Son of Kailash Yadav Resident of Village - Utesara, PsSalkhua, Dist- Saharsa 3.
Jaykant Yadav Son of Dhanushdhari Yadav Resident of Village - Utesara, Ps- Salkhua, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-10-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw this bail application with regard to petitioner no. 1 as he has been arrested during pendency of this application.
2. Accordingly, the bail application with regard to petitioner no. 1 stands dismissed as withdrawn.
3. The bail application has been heard with regard to petitioner nos. 2 and 3 only.
4. The petitioners are apprehending their arrest in connection with Salakhua P.S. Case No. 134 of 2024 instituted for the offences under Sections 341, 323, 324, 385, 307, 504,
Patna High Court CR. MISC. No.69393 of 2024(2) dt.23-10-2024 2/3 506 and 34 of the Indian Penal Code.
5. As per prosecution case, the allegation against the petitioners along with others is of assaulting the informant, due to which he sustained injury.
6. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. He submitted that both the parties have entered into compromise and in support of this Annexure-2 is annexed with this petition. He further submitted that the informant sustained simple injury. It is next submitted that the petitioner no. 2 has one criminal antecedent and petitioner no. 3 has no criminal antecedent.
7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner nos. 2 and 3.
8. Considering the aforesaid facts and circumstances, let the petitioner nos. 2 and 3, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Saharsa in connection with Salakhua P.S.
Patna High Court CR. MISC. No.69393 of 2024(2) dt.23-10-2024 3/3 Case No. 134 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Nawneet Kumar Pandey, J) Arish/- U T