Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85425 of 2024 Arising Out of PS. Case No.-640 Year-2024 Thana- BIHTA District- Patna ====================================================== Rakesh Kumar S/O Sahjanand Ray @ Sahjanand Rai @ Sahja Rai R/O Village- Bahpura Simri Nawada, P.S- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 640 of 2024, instituted under Sections 127(1), 115(2), 117(2), 109, 190 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, F.I.R. named accused persons including the petitioner came at the shop of informant and assaulted the informant, his son and grandson by means of lathi, danda and knife causing injury to them. Allegation against the petitioner is that he had assaulted Umesh Rai with pistol causing injury to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.85425 of 2024(3) dt.10-01-2025 2/2 case due to land dispute. The scuffle took place between the parties and both parties got injured. The injury on the injured is not grievous in nature. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial of the case. Other co-accused persons have already been granted anticipatory bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 80267 of 2024.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Danapur, Patna in connection with Bihta P.S. Case No. 640 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T