Allowed

Kokna @ Rajesh @ Rajesh Kumar v. The State of Bihar

Patna HC15 Jul 2024CR. MISC./40792/2024

Case brief

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What is this about?

Anticipatory bail application by a petitioner apprehending arrest for offences including Sections 307 and 379 IPC and Section 37(C) of the Bihar Prohibition and Excise Act over an assault and alleged theft. The court allowed anticipatory bail with conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted: on arrest/surrender within six weeks, bail on Rs.10,000 bond with two sureties of like amount, subject to S.438(2) CrPC conditions.

Kokna @ Rajesh @ Rajesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40792 of 2024

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Arising Out of PS. Case No.-99 Year-2024 Thana- BAKHARI District- Begusarai

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======================================================

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Kokna @ Rajesh @ Rajesh Kumar son of Vidhya Mahto @ Vidyanand Mahto Vill- W.No-23, Ps- Bakhri Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 15-07-2024

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Heard learned counsel for the petitioner and the State.

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Petitioner apprehends arrest in a case registered for

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the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, on 22.03.2024, while

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the informant was standing at Banarsi Bhuja shop, this petitioner along with one other accused person, riding on motorcycle, came and started abusing the informant. On objection, the accused persons assaulted the informant with fists and slaps and gave knife blow on his head. When father of the informant tried to save him, he was also assaulted by the accused persons. It is further alleged that this petitioner also stole the gold chain of father of the informant.

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Patna High Court CR. MISC. No.40792 of 2024(2) dt.15-07-2024 2/2

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to petty dispute between the parties. Injury allegedly caused by the petitioner is simple in nature and allegation under Section 379 of the Indian Penal Code is super addition only to make the case grave. Petitioner claims clean antecedent.

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Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court-II, Begusarai in connection with Bakhri P. S. Case No. 99 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Kokna @ Rajesh @ Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kokna @ Rajesh @ Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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