Nagraj Kumar vs The State Of Bihar on 27 September, 2023

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Patna High Court - Orders

Nagraj Kumar vs The State Of Bihar on 27 September, 2023

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59923 of 2023
                  Arising Out of PS. Case No.-1209 Year-2022 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Nagraj Kumar S/O Sanjay Rajak R/O Village - Kathwara, Ward No. 5, P.S. -
                 Madhepura (BHARRAHI O.P.)

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Uday Chand Prasad, Advocate
                 For the Opposite Party/s :     Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

2   27-09-2023

Learned counsel for the petitioner 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 petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1209 of 2022 dated 22.12.2022 registered for the offences punishable under Sections 147, 149, 341, 342, 324, 307, 354A and 504 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the accused persons holding iron rod, spade, farsa and dabiya came and the co-accused Ranjan Kumar and Rahul Kumar Patna High Court CR. MISC. No.59923 of 2023(2) dt.27-09-2023 2/3 exhorted to kill the informant's husband on the issue of irrigating field. Upon this the co-accused Kaju Kumar Rajak, Himanshu Kumar, Anuraj Kumar, Manjay Kumar Rajak, the petitioner and the other co-accused persons brutally assaulted him with lathi and danda causing injury on his body and head.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. No specific overt act has been attributed against the petitioner. Nothing has been recovered from the possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1209 of 2022, subject to the condition as laid Patna High Court CR. MISC. No.59923 of 2023(2) dt.27-09-2023 3/3 down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/-

U     T

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Patna High Court - Orders