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Patna High CourtCR. MISC./824/2024bail granted

Rahul Kumar @ Rahul Sah @ Rahul Kumar Sah v. The State Of Bihar

2024-01-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.824 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Rahul Kumar @ Rahul Sah @ Rahul Kumar Sah SON OF Ramawtar Sah VILL-TILANGAHI, PS-BAIRIYA, WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Shrivastava For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 162 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and later on, Section 302 of the IPC was added.

3. As per allegation, when the informant was constructing his house, the FIR named accused persons along with the petitioner came there and started assaulting him. Co-accused Ramavtar Singh gave iron rod blow on the head of the informant and when his brother came to save him, co-accused Raja Ram Sah assaulted him with iron rod on his head.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely

Patna High Court CR. MISC. No.824 of 2024(2) dt.24-01-2024 2/2 been implicated in this case. The allegation against him is general and omnibus whereas the specific allegation to assault the informant with iron rod is on co-accused Ramavtar Singh. He has submitted further that there is land dispute between the parties.

5. Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 162 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/- U T