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Patna High CourtCR. MISC./82984/2023allowed

Rahul Yadav @ Rahul Kumar v. The State Of Bihar

2024-01-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82984 of 2023 Arising Out of PS. Case No.-196 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== Rahul Yadav @ Rahul Kumar Son Of Ashok Kumar Resident Of VillageMaranpur, Akshayabat Ps- Vishnupad, Dist- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 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 and 506/34 of the Indian Penal Code.

3. As per the F.I.R., allegation against the petitioner is that he along with other co-accused person have abused and assaulted the informant and also snatched his mobile and Rs. 5000/- cash.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence as alleged. No such occurrence as alleged ever took place. He has been falsely implicated in this case. There is specific allegation against the petitioner is that he assaulted with the iron rod due to which informant stained injury on head. Both

Patna High Court CR. MISC. No.82984 of 2023(2) dt.08-01-2024 2/2 the parties are agnates. The injury sustained by the victim is simple in nature. There is a family dispute regarding property between the parties. It is further submitted that wife of the petitioner has also filed a case in connection with Vishnupad P.S. Case No. 197 of 2021. Petitioner has one 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, considering the fact that the offence u/s 308 and 379 of the I.P.C. and other sections of the I.P.C., 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 Vishnupad P.S. Case No. 196 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T