Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79937 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== 1.

RAKESH SINGH SON OF MAHAVIR SINGH RESIDENT OF VILLAGE - MISHRICHAK, P.S. - SAHAR, DISTRICT - BHOJPUR 2.

INDU DEVI DAUGHTER OF MAHAVIR SINGH RESIDENT OF VILLAGE - MISHRICHAK, P.S. - SAHAR, DISTRICT - BHOJPUR 3.

BINDU KUMARI DAUGHTER OF MAHAVIR SINGH RESIDENT OF VILLAGE - MISHRICHAK, P.S. - SAHAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar , Advocate Mr. Shivam Kumar , Advocate Mr. Deepak Kumar , Advocate Ms. Priya Kumari , Advocate Mr. Anuranjan Patel , Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 307, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, on July 24, 2022, at about 6 p.m., all the accused persons, including these petitioners, armed with deadly weapons, came to the house of the informant and assaulted the informant's family members, due to which they sustained injuries.

Patna High Court CR. MISC. No.79937 of 2023(2) dt.10-01-2024 2/2

4. It is submitted on behalf of the petitioners that the petitioners are innocent and has falsely been implicated in this case. Allegation of assault is general and omnibus against these petitioners and no specific overt act is alleged against them. There is no eye witness of the occurrence . FIR has been lodged after the delay of 4 days for which there is no explanation . Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JMFC , Bhojpur at Ara in connection with Sahar P.S. Case No. 173 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T