Patna High CourtCR. MISC./7036/2024bail granted

Rajesh Kumar v. The State Of Bihar

2024-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7036 of 2024 Arising Out of PS. Case No.-343 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== Rajesh Kumar S/o Baiju Ray Resident of Village- Dedaur (Naya Tola Dedaur), P.O. and P.S.- Bakhtiyarpur, District- Patna (Bihar) P.N- 80312 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Buddhi Lal Yadav, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner has preferred this application for grant of regular bail in connection with Bakhtiyarpur P.S. Case no. 343 of 2019 registered under sections 341, 323, 308, 385 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that the accused persons including the petitioner herein came variously armed and started to abuse the informant. It is further stated that Sanjay Rai struck with rod on the head of Bharam Singh seriously injuring him.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations of assault is specific on Sanjay Rai while on others

Patna High Court CR. MISC. No.7036 of 2024(2) dt.17-02-2024 2/2 including this petitioner the allegations are general and omnibus in nature. The petitioner is in custody since 30.10.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the allegations of assault being specific against Sanjay Rai and not the petitioner herein, his being in custody since 30.10.2023 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Bakhtiyarpur P.S. Case no. 343 of 2019, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Barh.

(Partha Sarthy, J) Harsh/- U T