Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14800 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Rahul Kumar, aged about 24 years, Male, Son of Nagendra Prasad Singh @ Nagendra Singh, R/o- Saheb Nagar, P.S.- Gaurichak, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh, Advocate For the State :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 08 of 2020 registered for the offences punishable under Sections 307, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner fired from his pistol to the informant but the pistol could not be fired. He further alleged that the petitioner is an accused in kidnapping of a girl and the petitioner things that on the instruction of the informant, the F.I.R. of the kidnapping was lodged against the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that due to old enmity, the

Patna High Court CR. MISC. No.14800 of 2020(5) dt.03-12-2020 2/2 informant has lodged this F.I.R. against the petitioner and others unknown persons after making the concocted story. According to the F.I.R., no case under the Arms Act has been registered against the petitioner, so the allegation of firing is totally false. He further submits that according to the F.I.R. itself clear that the pistol could not be fired.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of S.D.J.M., Masaurhi in connection with Masaurhi P.S. Case No. 08 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T