Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1331 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Rakesh Kumar S/O Suresh Das Village- Yusufpur, Ps. Khusrupur, Dist. Patna.

2.

Sonu Kumar S/O Suresh Das @ Suresh Mochi Village- Yusufpur, Ps. Khusrupur, Dist. Patna.

3.

Prakash Kumar S/O Suresh Das @ Suresh Mochi Village- Yusufpur, Ps. Khusrupur, Dist. Patna.

4.

Suresh Das @ Suresh Mochi S/O Late Janakdhari Das Village- Yusufpur, Ps. Khusrupur, Dist. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Khusrupur P.S. Case No. 87 of 2023, registered for the offences punishable u/s 341, 323, 307, 504, 506/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners armed

Patna High Court CR. MISC. No.1331 of 2024(2) dt.12-02-2024 2/3 with lathi and danda came to the house of the informant. They assaulted the informant's wife and his family members and also tried to outrage the modesty of the female family members of the informant. The wife of the informant sustained 10 tanka in her head.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition and they had no intention to kill. It is further stated that there is case and counter case between the parties. It is further stated that there is no specific allegation against the petitioners rather the allegation is general and omnibus in nature. The nature of injury was kept reserved as stated in Para 13 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case and the nature of allegations against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.1331 of 2024(2) dt.12-02-2024 3/3 each to the satisfaction of learned Court concerned, Patna City in connection with Khusrupur P.S. Case No. 87 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T