Rajbanshi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68320 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Rajbanshi Kumar S/O Jagdish Raut Resident of village- Dhekahan, P.SKesariya, District- East Champaran. ... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP For the Informant : Mr. Vijay Shankar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 448, 304, 504 & 506 of the Indian Penal Code.
3. The father of the informant was a Headmaster in Upgraded Madhyamik Vidyalaya, Dhekahan Math. While he was performing his duty in the said school, the co-accused Ramlal Sah @ Dhora, Pawan Kumar Gupta and the other co-accused allegedly caught his coller and dragged him. In due course, he felt pain in his chest and became unconscious. On information, the informant rushed there and took away him to hospital for treatment, where the
Patna High Court CR. MISC. No.68320 of 2024(2) dt.17-10-2024 2/3 doctors declared him dead.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is specific allegation against co-accused, Ramlal Sah @ Dhora, Pawan Kumar Gupta and the other co-accused. The only allegation against the petitioner is that he was the member of the mob. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the petitioner was only the member of the mob and no specific overt act has been attributed against him, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.68320 of 2024(2) dt.17-10-2024 3/3 below where the case is pending/successor Court in connection with Kesariya P.S. Case No. 113 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T