Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27592 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ====================================================== Rahul Kumar S/o Indradeo Sharma Resident of Village Kashma, P.S. Parashbigha, District Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 379, 324, 307, 448 and 506/34 of the Indian Penal Code. The allegation is that while the informant came out from his house to go to Jehanabad, all the accused including the petitioner assaulted the informant and on raising alarm his wife Baidehi Devi, daughter Nutan Kumari and son Gaurav Kumar came to his rescue. The accused also assaulted them and when the informant and others came to the house to save themselves, the accused persons followed them, entered into informant's house and assaulted them and snatched ornaments of the wife of the informant. The reason for the occurrence is that one day prior to this occurrence the informant had gone to the police to lodge a complaint against the accused including the petitioner.

It is submitted on behalf of the petitioner that there is no specific allegation of overt act against the

Patna High Court Cr.Misc. No.27592 of 2015 (2) dt.03-08-2015 2 / 2 petitioner and there is land dispute between both the parties.

Learned counsel for the State submits that the petitioner and another caused grievous injury to the informant. The petitioner has also criminal antecedent. After investigation the case has been found true. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad/court concerned in Parasbigha P.S. Case No. 26 of 2015 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T