Rahul Kumar @ Rahul Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78129 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Rahul Kumar @ Rahul Kumar Yadav Son of Ajay Yadav Resident of VillageJamaldpur Ward No. 2, P.S.- Kharik, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 226 of 2024, dated 23.06.2024, disclosing offences punishable under Sections 341/323/324/308/379/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 22.06.2024, at about 10 PM, while the informant, along his friend, was watching the mango orchard, at the same time, the petitioner, along with two other co-accused persons, covering their faces, armed with lathi and danda, arrived there and the petitioner and others assaulted the informant with lathi and danda, due
Patna High Court CR. MISC. No.78129 of 2024(2) dt.02-12-2024 2/3 to which he sustained injury near his elbow. The accused persons also snatched Rs. 30,000/- from the informant.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case due to the fact that there was a dispute regarding obtaining the contract of the mango orchard by the grand father of the petitioner and the father of the informant. From the First Information Report, it would be evident that the injury has been caused to the informant on his elbow, which is non-vital part of the body.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of the allegation and the fact that the injury caused to the informant is not on the vital part of his body, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties
Patna High Court CR. MISC. No.78129 of 2024(2) dt.02-12-2024 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour Police Station Case No. 226 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √