Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2159 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- AMARPUR District- Banka ====================================================== Rahul Kumar Son Of Vijay Mandal Resident Of Village- Pawai, Police Station -AMARPUR, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee :

Mr. Ganesh Sharma For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 354, 504 and 506/34 of the Indian Penal Code pending in the learned court below., Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is allegation against the petitioner to assault the informant and injury was found grievous in nature but not in vital part of the body. He submits that there is dispute between the parties regarding land which is also admitted in the FIR. He further submits that the occurrence

Patna High Court CR. MISC. No.2159 of 2023(2) dt.04-05-2023 2/2 took place on 19.03.2022 but FIR lodged on 26.03.2022. He submits that there is delay of 7 days in filing of the present FIR and there is no any explanation of it which creates serious doubt about the prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that the injury was found not in vital part of the body, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Amarpur P.S. Case No.185/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T