Rakesh Kumar @ Bhai @ Bhai Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75344 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- NATWAR District- Rohtas ====================================================== 1.
Rakesh Kumar @ Bhai @ Bhai Kumar Son of Prabhu Kumar @ Prabhu Paswan R/O Village- Baruna, P.S.- Natwar, Dist.- Rohtas 2.
Ram Bali Paswan @ Ram Baliram Son of Late Sitaram Ram R/O VillageBaruna, P.S.- Natwar, Dist.- Rohtas 3.
Prabhu Paswan @ Prabhu Kumar Son of Basawan Paswan R/O VillageBaruna, P.S.- Natwar, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Ramchandra Sahni, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 127(2), 132, 324(4), 3(5), 121 of the B.N.S. and Section 3 of the Prevention of Damage to Public Property Act, 1984.
3. Allegedly, the petitioners along with other co-accused persons are said to have attacked on the police party and caused damage to government vehicle as well.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.75344 of 2024(2) dt.11-11-2024 2/3 that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to dirty village politics. The allegation levelled against the petitioners is totally false and based on concocted facts. There is nothing on record to indicate the complicity of the petitioners in the present case. They have been dragged in this case on the instance of local Chowkidar by the police. There is no specific overt act against them. Learned counsel further submits that petitioner nos. 1 & 3 have one criminal antecedent, whereas petitioner no.2 has no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as from bare perusal of the FIR, it is evident that there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Natwar P.S. Case No. 149 of 2024, subject
Patna High Court CR. MISC. No.75344 of 2024(2) dt.11-11-2024 3/3 to the condition as laid down under Section 482(2) of the BNSS, 2023 (Anjani Kumar Sharan, J) divyanshi/- U T