Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87038 of 2024 Arising Out of PS. Case No.-97 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Rahul Kumar Son of Ram Vinay Kumar Resident of Village - Bhuwan Bigha, P.S. - Paras Bigha, District - Jehanabad 2.

Raushan Kumar Son of Ram Vinay Kumar Resident of Village - Bhuwan Bigha, P.S. - Paras Bigha, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Neeraj For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 149, 341, 307 and 504 of the Indian Penal Code.

3. As per the prosecution case, all the F.I.R. named accused persons including these petitioners surrounded brother of informant and petitioner no. 2 & co-accused Dipak Kumar caught hold of him and co-accused Kamlesh Yadav assaulted with sword on the head of informant's brother, whereas coaccused Ram Ishwar Yadav assaulted him (informant's brother) with Pasuli. It is further alleged that when informant went to

Patna High Court CR. MISC. No.87038 of 2024(2) dt.31-01-2025 2/2 save his brother, accused persons also assaulted him on his hand and thereafter, co-accused Ajit Kumar & petitioner no. 2 fired from their pistol, however no one sustained any fire-arm injury.

4. Learned counsel for the petitioners submits that both parties are Gotiya and due to land dispute, these petitioners have been falsely implicated in this case. There is no allegation of overt act against these petitioners. Though, petitioner no. 2 is alleged to have fired, but nobody sustained fire-arm injury.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 97 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T