Patna High CourtCR. MISC./25024/2024bail rejected

Gaurav Kumar v. The State Of Bihar

2024-05-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25024 of 2024 Arising Out of PS. Case No.-529 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Gaurav Kumar s/o Rajballabh Prasad @ Rajballabh Yadav R/O VillageKharti Tola, P.S- Jehanabad, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Jehanabad P.S. Case No.529 of 2021 under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioner against whom there is allegation of firing and assault upon the informant due to which injury took place. Subsequently, the allegation of snatching case Rs.10,000/- and Gold chain from the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25024 of 2024(2) dt.01-05-2024 2/2 petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in this case. Counsel submits that there is no specific against the petitioner.

5. Counsel also submits that antecedent of the petitioner is not clean and there is one criminal antecedent of the petitioner.

6. Learned APP for the State opposes the prayer for bail and the petitioner is named in the F.I.R. and specific allegation of firing against him.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders and prays for regular bail, without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T