Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75059 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

RAJNISH KUMAR SON OF LATE RAM EKBAL RAI R/O VILLAGESAEDPUR, P.S.- UJIARPUR, DISTRICT- SAMASTIPUR 2.

NITISH KUMAR SON OF LATE RAM EKBAL RAI R/O VILLAGESAEDPUR, P.S.- UJIARPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/ 323/ 324/ 379/ 504 IPC. 3.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.2, who has been apprehended by the police, during pendency of this application.

4.

Permission is granted.

5.

Accordingly, this application with regard to petitioner no.2 is dismissed as withdrawn and now it is being heard for consideration of bail of petitioner no.1.

Patna High Court CR. MISC. No.75059 of 2023(2) dt.05-12-2023 2/2 6.

Petitioner no.1 is said to have assaulted the informant by means of iron rod.

7.

It is submitted by learned counsel for the petitioner that petitioner no.1 is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioner. No person has sustained any grievous injury as the case has not been lodged u/s 307 of the IPC. Petitioner no.1 has no criminal antecedent. 8.

Learned APP for the State opposed the prayer for bail. 9.

Having regard to the facts and circumstances of the case, let the above named petitioner no.1, 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 Ujiarpur P.S. Case No.361 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T