Patna High CourtCR. MISC./66631/2023bail rejected

Rahul Kumar v. The State Of Bihar

2023-10-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66631 of 2023 Arising Out of PS. Case No.-139 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rahul Kumar S/O Omprakash Rai @ Omprakash Ram R/O Village- Adupur, P.S- Surajgarha, Distt.- Lakshisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Surajgarha P.S. Case No. 139 of 2020 dated 11.07.2020, lodged under Sections 147, 149, 341, 323, 307, 504, 506 of the I.P.C. read with Sections 147, 149, 341, 323, 325, 504, 506 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against nine named and five unnamed accused persons including the petitioner. The allegation against the petitioner and others is that they have assaulted by iron rod on the head of the informant and his brother and upon oppose, there is allegation of further injury on them.

Patna High Court CR. MISC. No.66631 of 2023(2) dt.16-10-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that no injury found on the head from the injury report. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 17.08.2023.

5. Learned counsel for the State opposes the prayer for bail submits that the injury is categorical in the F.I.R. i.e. two injuries on the head and in the injury report annexed as Annexure- 2 also indicates that there are two injuries on the head.

6. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected.

7. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge.

8. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T