Gaurab Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83625 of 2024 Arising Out of PS. Case No.-537 Year-2023 Thana- RAJAON District- Banka ====================================================== Gaurab Raj S/o Prahalad Yadav R/o Vill - Khiddi, P.S. - Rajoun, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-12-2024 Heard Mr. Vivekanand Vivek, learned counsel for the Petitioner and Mr. Umanath Mishra, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 537 of 2023 dated 18.10.2023 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel appearing for the petitioner are that as per the allegations, the petitioner assaulted at the head of the informant by means of an iron rod and thereafter, petitioner's mother also assaulted the informant by means of a pestle (Lodha) and after that the petitioner again assaulted the informant repeatedly by the same means but the injuries found on the body of the informant, were opined to be simple in nature and in this regard, Annexure-2 is

Patna High Court CR. MISC. No.83625 of 2024(2) dt.11-12-2024 2/2 relevant. It is further submitted that the petitioner is a 23 year old person having fair and clean antecedent and in view of the injuries found on the body of the informant, the major offence under Section 307 of IPC is completely not made out against him.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions, this Court is inclined to grant the relief of anticipatory bail to this petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Court concerned in connection with Rajoun P.S. Case No. 537 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) maynaz/- U T