Raghubir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2070 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Raghubir Kumar SON OF LATE JAGARNATH SAO RESIDENT OF VILLAGE- Moti Chowk Barikhagaul P S- Khagaul District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 368 of 2023 lodged under Sections 147, 148, 149, 341, 323, 307, 354 and 504 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against five named accused persons with allegation that the petitioner has assaulted the informant by iron rod due to which the injury has been caused on the head of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner and the informant are the full brothers and both are son of Late. Jagarnath Sao and for the partition, the dispute took place. He submits that case and counter case has

Patna High Court CR. MISC. No.2070 of 2024(2) dt.24-01-2024 2/3 been filed for the said date and place of occurrence from both petitioner's side and informant's side.

5. Counsel submits that petitioner's antecedent is clean and he is in custody since 24.08.2023 and charge-sheet has already been submitted in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Vth, Danapur in connection with Khagaul P.S. Case No. 368 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.2070 of 2024(2) dt.24-01-2024 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T