Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77161 of 2023 Arising Out of PS. Case No.-267 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Rishu Kumar S/O Jitendra Singh @ Jitendra Mohan Singh R/O VillageDema Fatehpur, P.S- Khijarsarai, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Prince Kumar S/O Dinesh Singh R/O Village- Dema-Fatehpur, P.SKhijarsarai, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Khijarsarai P.S. Case No. 267 of 2023 dated 09.07.2023 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 325, 307, 427 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and his brother with lathi, danda, iron rod, legs and fists due to

Patna High Court CR. MISC. No.77161 of 2023(2) dt.04-01-2024 2/3 that they sustained severe injuries.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation of assault is against the co-accused Jitendra Singh. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench vide order dated 10.11.2023 passed in Cr. Misc. No. 73163 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Khijarsarai P.S. Case No. 267 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.77161 of 2023(2) dt.04-01-2024 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T