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Patna High CourtCR. MISC./24877/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-04-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24877 of 2024 Arising Out of PS. Case No.-739 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Rahul Kumar Son Of Tari Gop Vill -Nakatpura p.s. -Bihar District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 337, 307, 385, 427, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other accused persons assaulted the informant with bracelet (kada) and took Rs. 4,700/- cash from his auto rickshaw.

4. It is submitted on behalf of the petitioner that though the F.I.R. has been lodged against three accused persons and one driver of the tractor but petitioner has been made accused in this case merely because he happens to be owner of the tractor in question. As a matter of fact, there was some scuffle between the driver of the tractor and the informant which resulted in the alleged occurrence. Injuries sustained by the

Patna High Court CR. MISC. No.24877 of 2024(2) dt.24-04-2024 2/2 injured are simple in nature. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the facts and circumstances of the case and clean antecedent, 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 Additional Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P. S. Case No. 739 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T