Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2619 of 2023 Arising Out of PS. Case No.-120 Year-2021 Thana- AAYAR District- Bhojpur ====================================================== RAUSHAN KUMAR S/O Kaushal Singh R/O Village- Laxmipur, P.S- Ayer, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

As prayed for, learned counsel for the petitioner is permitted to make correction in the prayer portion of the bail petition.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 353, 427, 504 of the IPC.

The allegation against the petitioner is that he along with other accused persons attacked the police party, who had apprehended one accused Vikash Kumar and to protest the arrest of the said Vikash Kumar, the villagers used brick biting on police and also damaged the police vehicle.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.2619 of 2023(3) dt.05-07-2023 2/2 has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The name of petitioner transpired in the case on the basis of video footage of the occurrence but no specific role of the petitioner in the alleged occurrence has come. It is further submitted that the injuries of the injured persons were found simple in nature, which is clear from the injury report, enclosed in the case diary. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the nature of 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 Ayer P.S. Case No.120/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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