Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16244 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- AMARPUR District- Banka ====================================================== Rahul Kumar Son Of Manikant Yadav R/O Village- Manjhi Kushha, P.S.- Fullidumar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 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 341, 342, 328, 307, 504, 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with others administered poison to the informant's daughter. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness of alleged occurrence and there are no substantive evidence against the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 10.02.2023 passed in Cr. Misc. No. 3480 of 2023. He further submits that petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.16244 of 2023(2) dt.17-05-2023 2/2 para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts the there is specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Amarpur (Fullidumar) P.S. Case No. 93 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.

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