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Patna High CourtCR. MISC./65421/2024allowed

Rakesh Kumar Rajak @ Rakesh Rajak v. The State Of Bihar

2024-11-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65421 of 2024 Arising Out of PS. Case No.-329 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Rakesh Kumar Rajak @ Rakesh Rajak Son Of Chandeshwar Rajak Resident Of Village - Ramaiya, Police Station - Mohiuddin Nagar, Dist- Samastipur 2.

Nitish Rajak Son Of Chandeshwar Rajak Resident Of Village - Ramaiya, Police Station - Mohiuddin Nagar, Dist- Samastipur 3.

Dhiraj Rajak Son Of Jag Vandhu Rajak Resident Of Village - Ramaiya, Police Station - Mohiuddin Nagar, Dist- Samastipur 4.

Rishu Rajak Son Of Ram Dhanesh Rajak Resident Of Village - Ramaiya, Police Station - Mohiuddin Nagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 427, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that all the petitioners along with other co-accused persons assaulted the informant and his family members by means of lathi and iron rod.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.65421 of 2024(3) dt.21-11-2024 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injury. He further submits that the petitioner no. 1 has sustained grievous injury (Annexure-P/3 of this application). He next submits that the informant's side have sustained simple injury (Annexure-P/4 series of this application). Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohiuddin Nagar P.S. Case No.329 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T