Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30280 of 2024 Arising Out of PS. Case No.-1361 Year-2023 Thana- DANAPUR District- Patna ====================================================== Rakesh Kumar Son of Randhir Rai @ Ramdhir Ray Village -Nasariganj P SDanapur District -Patna ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunit Kumar Srivastava, Adv For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Danapur P.S Case No. 1361 of 2023 dated 19.10.2023 registered for the offence punishable u/s 341, 342, 323, 448, 307, 427, 353, 338 and 34 of the Indian Penal Code.
3. As per the prosecution case, on 19.10.2023 during the course of patrolling at about 18:30, the informant received information that relative and family members of the deceased are doing marpit with the doctor and staff of Kailash Seva Sadan Clinic. Further, the informant reached the clinic and saw
Patna High Court CR. MISC. No.30280 of 2024(2) dt.22-05-2024 2/3 that people were vandalizing the said clinic. The mob also assaulted the police and injured two police personnel. The occurrence was captured in the CCTV camera and the same was taken by the police in pen drive.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R and the name of the petitioner was disclosed by the co-accused Golu Kumar. There is no specific allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur, in connection with Danapur P.S Case No. 1361 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.30280 of 2024(2) dt.22-05-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T