Rakesh Kumar @ Rakesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76101 of 2023 Arising Out of PS. Case No.-306 Year-2020 Thana- TARAIYA District- Saran ====================================================== RAKESH KUMAR @ RAKESH RAM SON OF PRABHU RAM RESIDENT OF VILLAGE - BHATGAIN, P.S. - TARAIYA, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per FIR, it is a case of assaulting by the petitioner along with others due to which the informant's son and son-in-law of the informant sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act against the petitioner. There is a case and counter case

Patna High Court CR. MISC. No.76101 of 2023(2) dt.30-11-2023 2/2 between the parties. Members of both parties have sustained injuries as alleged in a separate occurrence. He further submitted that good sense has been prevailed between the parties. He further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 12.07.2023 passed in Cr. Misc. No. 25776 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Saran at Chapra in connection with Taraiya P.S. Case No. 306 of 2020. (Sunil Kumar Panwar, J) Arish/- U T