Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79676 of 2024 Arising Out of PS. Case No.-299 Year-2024 Thana- TARAIYA District- Saran ====================================================== 1.

Rupesh Kumar Son of Dineshwar Singh R/O Vill.- Rampur Mahesh, P.S.- Taraiya, Dist.- Saran at Chapra.

2.

Bittu Kumar Son of Dineshwar Singh R/O Vill.- Rampur Mahesh, P.S.- Taraiya, Dist.- Saran at Chapra.

3.

Dineshwar Singh Son of Late Ramayan Singh R/O Vill.- Rampur Mahesh, P.S.- Taraiya, Dist.- Saran at Chapra.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP For the Informant : Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126 (2), 115, 118 (1), 117, 109, 352, 351 (2), 351 (3), 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The petitioners are said to have assaulted the informant by means of sword and rod. When the wife of the informant rushed in his rescue, they also assaulted her.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.79676 of 2024(2) dt.04-12-2024 2/3 against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the informant in order to save his skin from the Complaint Case No.2019 of 2024 has lodged this false and frivolous case against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Having regard to the facts and circumstances of the case as the injury attributed by petitioner nos.1 & 2 are simple in nature, let the above named petitioner nos.1 and 2, 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 Court below where the case is pending/successor Court in connection with Taraiya P.S. Case No. 299 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Considering the facts and circumstances of case as well as the fact that the injury attributed by petitioner no.3 is grievous in nature, I am not inclined to enlarge petitioner no.3 on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed

Patna High Court CR. MISC. No.79676 of 2024(2) dt.04-12-2024 3/3 to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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