Rahul Kumar @ Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17508 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== Rahul Kumar @ Rahul Rai S/o Chandeshwar Rai R/o vill - Patdaura, P.s. - Bajpatti, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits petitioner has antecedent of two cases, including one under the Excise Act. It is further submitted that informant alleges that the petitioner assaulted him by a rod on his head causing injury and when his son came to his rescue, he was also assaulted by the accused persons and Roshan Kumar threatened to kill him by brandishing pistol in his hand and also fired, while Vikash Kumar pulled sari of his wife. It is next submitted that the date of occurrence is 16-7-2023 and the FIR has been instituted on

Patna High Court CR. MISC. No.17508 of 2024(2) dt.27-03-2024 2/3 23-07-2023, without any plausible explanation for the delay. It is also submitted that from perusal of the injury report of the injured, it would manifest that all injuries suffered by the informant are simple in nature, though the doctor with respect to injury No. 1 has opined that the injury may be dangerous to life. It is further submitted that it absolutely does not stand to reason that the nature of injury caused on the head of the informant has been opined to be simple in nature then how the said injury could be dangerous to life, this demonstrates that the injury report appears to be manipulated and even there is a delay in instituting the FIR.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bajpatti P.S. Case No. 217 of 2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.17508 of 2024(2) dt.27-03-2024 3/3 Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T