Rakesh Yadav @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50057 of 2018 Arising Out of PS. Case No.-234 Year-2017 Thana- KAKO District- Jehanabad ====================================================== Rakesh Yadav @ Rakesh Kumar, S/o Pawan Yadav, Residence of villageHaminagar, P.S.- Kako, Dist.- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the son of the informant was going to his house, the accused persons surrounded and assaulted him due to which he sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the

Patna High Court Cr.Misc. No.50057 of 2018(3) dt.31-10-2018 2/2 offences are triable by the Magistrate. Other co-accused has been granted anticipatory bail vide order dated 27.02.2018 passed in Cr. Misc. No. 10647/2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri R.K. Rajak, Sub Judge-4th, Jehanabad in connection with Kako P.S. Case No. 234/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T