Rajendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77700 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- Lakho District- Begusarai ====================================================== Rajendra Kumar Son of Late Nagina Saw R/O Ward No. 12, Chakki Tola, Lakho, P.S.- Lakho, Dist-Begusarai, Bihar- 851129 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yash Sahay For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024
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 Lakho Police Station Case No. 05 of 2024, dated 12.03.2024, disclosing offences punishable under Sections 323/341/307/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 11.03.2024, while the informant was at her home, the petitioner, along with other co-accused persons, arrived there and the petitioner assaulted the informant and her son by means of iron-rod/khanti.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute. A counter case has been lodged by the side
Patna High Court CR. MISC. No.77700 of 2024(2) dt.21-11-2024 2/3 of the petitioner, bearing Lakho Police Station Case No. 06 of 2024 against the informant and others. Referring to the impugned order, learned Counsel submits that the allegation against the petitioner is that he assaulted the informant as well as her son on their heads, but the son of the informant has sustained injury over the right finger and left middle finger. The injury report of the informant has not been brought on record by the prosecution and is not recorded in the impugned order.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are having land dispute, case and counter case is there and the injuries, referred in the impugned order, are simple in nature and not on the vital part of the body of the son of the informant, 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 of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.77700 of 2024(2) dt.21-11-2024 3/3 Judicial Magistrate, 1st Class, Begusarai, in connection with Lakho Police Station Case No. 05 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 √