Patna High CourtCR. MISC./75408/2023bail granted

Rahish Kumar v. The State Of Bihar

2023-11-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75408 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== RAHISH KUMAR SON OF SUDESHWAR SINGH RESIDENT OF LAKSHMI TOLA PRASADI ENGLISH P.S. AND DISTRICT- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Mishra, Advocate.

For the Opposite Party/s :

Ms.Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Braj Bhushan Mishra, learned counsel appearing on behalf of the petitioner and Ms. Shaheen Begum, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Arwal P.S. Case No. 348 of 2023 registered for the offence punishable under Sections 147, 148, 149, 323, 325, 341, 307, 379, 354, 447 and 504 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner assaulted on the head of the son of the informant namely Birendra Kumar with iron rod causing head injury and other coaccused also assaulted other family members of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. Three is case and counter case

Patna High Court CR. MISC. No.75408 of 2023(2) dt.29-11-2023 2/2 between the parties. Both the sides are neighbours and due to some dispute, they indulged into fierce fight and in course of the said fight, they assaulted each other and both the sides sustained injury. The petitioner might have caused some injury to the informant's side in his self defence which was not intentional. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Court below is directed to verify the injury sustained by the son of the informant Birendra Kumar and if it is found that the injury is simple in nature and has been caused on the hand of the victim, in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Arwal P.S. Case No. 348 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T