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Patna High CourtCR. MISC./71938/2023allowed

Rakendra Kumar @ Rakendra Mahto v. The State Of Bihar

2023-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71938 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Rakendra Kumar @ Rakendra Mahto Son Of Prem Vikas Mahto R/O Village - Piparpati, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Singh, Sr. Adv.

Mr. Rudrank Shivam Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with other co-accused persons are said to have assaulted the informant and his wife.

4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the

Patna High Court CR. MISC. No.71938 of 2023(2) dt.28-11-2023 2/2 parties and both sides have sustained injuries and the injury was found simple in nature, a copy of the injury report is enclosed in Annexure-3 to this application. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case and the nature of the injury, 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 below where the case is pending/successor Court in connection with Ramgarhwa P.S. Case No. 16 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T