Patna High CourtCR. MISC./67193/2023bail granted

Ratnesh Kumar v. The State Of Bihar

2023-10-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67193 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== RATNESH KUMAR SON OF VINDESHWAR RAI @ BINDESHWAR RAI VILLAGE- BISHANPUR @ VISHANPUR, WARD NO. 6, PSBACHHWARA, DIST- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 141 of 2023, (G.R. No. 1582 of 2023), registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per allegation, the FIR named accused persons including the petitioner came at the house of the informant and started abusing him. When the informant objected, the petitioner started assaulting him with lathi and danda. Further, the petitioner assaulted his brother with sword on his head whereas co-accused Bindeshwar Rai and Vikash Kumar pushed the informant on the ground.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.67193 of 2023(2) dt.18-10-2023 2/2 that he is innocent and has falsely been implicated in this case. The injuries are simple in nature and Bachhwara P.S. Case No. 59 of 2018, which is pending against the petitioner and other co-accused persons, has been filed by brother of the informant on the false and frivolous ground which has been registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the IPC. He has submitted further that the case of the defense side is prior to the case lodged by the prosecution's side.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 141 of 2023, (G.R. No. 1582 of 2023), subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T