Chhotu Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4848 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Chhotu Kumar @ Rahul Kumar Son Of Ram Naresh Ray @ Naresh Ray R/O Village- Ward No.5, Hilalpur, P.S.- Industrial Area, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504, 506, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner along with other accused persons are said to have come armed with country made katta, Hockey Stick, Rod, Danda and knife and tried to press the neck of informant from belt and when family members came to save the informant then accused Raja Kumar Rai fired upon them.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that allegation of pressing the neck of informant from belt is super addition and now informant has

Patna High Court CR. MISC. No.4848 of 2023(2) dt.10-02-2023 2/2 compromised the case. He submits that no case under Section 307 of the IPC is made out against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that petitioner is also involved in the present case.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Industrial Area P.S. Case No. 66 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that there is compromise in between the parties.

(Anjani Kumar Sharan, J) devendra/- U T