Rakesh Kumar @ Rakesh Sah vs The State Of Bihar on 18 January, 2025

Patna High Court – Orders

Rakesh Kumar @ Rakesh Sah vs The State Of Bihar on 18 January, 2025

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86889 of 2024
                   Arising Out of PS. Case No.-73 Year-2024 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Rakesh kumar @ Rakesh sah S/o Nathuni Sah @ Ramsvrup Sah Resident of
                 Village - Dheluahan, P.S.- Rajopur, District- East Champaran.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhurendra Kumar
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   18-01-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with

Rajepur P.S. Case No. 73 of 2024 dated 16.04.2024 registered

under Sections 448 / 147 / 148 / 149 / 341 / 323 / 324 / 325 / 307

/ 379 / 354 / 504 / 506 of the I.P.C.

3. As per the first information report on 11.04.2024 in the

evening while the informant was sleeping in his house, suddenly

the petitioner along with sixteen accused persons surrounded the

house and the petitioner inflicted knife blow on the head of the

informant.

4. Learned counsel for the petitioner submits that there is

delay in lodging the first information report inasmuch as the

occurrence has taken place on 11.04.2024 but the F.I.R. has been

lodged on 16.04.2024 on the basis of written report. Both the

parties are “gotiya” (agnate) and are residing adjacent to each
Patna High Court CR. MISC. No.86889 of 2024(2) dt.18-01-2025
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other and there is land dispute between them. A counter case by

way of complaint case no. 947 of 2024 has been filed by the

side of the petitioner against the informant and others which has

been referred for registration of F.I.R. under Section 156(3)

Cr.P.C. The injury caused to the informant is simple in nature as

would be evident from Annexure-2.

5. Regard being had to the submission made by the parties,

taking into consideration the fact that both the parties are

agnates having land dispute, injury caused to the informant is

simple in nature and case and counter case is also there, as such,

I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on

anticipatory bail in the event of arrest or surrender before the

court below within a period of four weeks from today on

furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

two sureties of the like amount each to the satisfaction of

learned Chief Judicial Magistrate, Motihari, East Champaran in

connection with Rajepur P.S. Case No. 73 of 2024 subject to

the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/-                                        (Anil Kumar Sinha, J)
U        T