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Patna High CourtCR. MISC./81751/2023allowed

Rakesh Kumar v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81751 of 2023 Arising Out of PS. Case No.-956 Year-2019 Thana- SONEPUR District- Saran ====================================================== RAKESH KUMAR S/O KALADEO RAI @ SATYANARAYAN RAI VILLAGE- BABURBANI, PS. AND P.O.- SONEPUR, DISTT. SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Ranjan, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have surrounded the informant and assaulted him brutally. Petitioner assaulted the informant with bricks on his head.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.81751 of 2023(2) dt.21-12-2023 2/2 general and omnibus in nature. The injury caused by this petitioner to injured is simple in nature, as per the injury report annexed at Annexure 2. Similarly situated co-accused have been enlarged on bail by this court vide order dated 12.12.2023 passed in Cr. Misc. No. 78874 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injury sustained by the injured is simple in nature, let the above named petitioner, be released on bail, in the event of his 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) 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 Sonepur P.S. Case No. 956 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T