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Patna High CourtCR. MISC./840/2023allowed

Rajesh Kumar @ Rajesh Kumar Yadav v. The State Of Bihar

2023-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.840 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

RAJESH KUMAR @ RAJESH KUMAR YADAV Son of Late Bambholi Yadav Resident of Village - Itari, Ward No.- 03, P.S.- Singheshwar, District - Madhepura 2.

Guddu Kumar Son of Bauaa Yadav Resident of Village - Itari, Ward No.- 03, P.S.- Singheshwar, District - Madhepura 3.

Pappu Yadav @ Pappu Kumar @ Rajeev Kumar Son of Late Mahendra Yadav Resident of Village - Itari, Ward No.- 03, P.S.- Singheshwar, District - Madhepura 4.

Shankar Yadav @ Shankar Kumar Son of Late Mahendra Yadav Resident of Village - Itari, Ward No.- 03, P.S.- Singheshwar, District - Madhepura 5.

Babul Kumar @ Babul Raj Son of Pappu Yadav Resident of Village - Itari, Ward No.- 03, P.S.- Singheshwar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, petitioners are said to have assaulted the informant's son brutally. They also took Rs. 3000/- from his pocket. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been

Patna High Court CR. MISC. No.840 of 2023(2) dt.07-02-2023 2/2 falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Rahul Kumar that he assaulted the informant's son by means of iron rod and the injury sustained by the victim is grievous in nature. Petitioner nos. 1 & 2 have four criminal antecedents, whereas petitioner nos. 3, 4 & 5 have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since 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 Singheswar P.S. Case No.226 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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