Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21092 of 2025 Arising Out of PS. Case No.-900 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Rahul Kumar S/O Vinod Kumar R/O Village- Ashochak, P.S- Ramkrishna Nagar, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Khushi Awadh For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ram Krishna Nagar Police Station Case No. 900 of 2024, dated 19.11.2024, disclosing offences punishable under Sections 126(2)/115(2)/118(1)/117(2)/304/351(2) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report, is that on 16.11.2024, in the evening at about 5 PM, the informant was going to market on his motorcycle to purchase a smart television and was having Rs. 50,000/- in his pocket. In the shop, the informant selected a television worth Rs. 70,000/- and returned back to his home for taking Rs. 20,000/- more money. While the
Patna High Court CR. MISC. No.21092 of 2025(2) dt.23-04-2025 2/3 informant was returning back to his home, near the Divine Valley School, two persons on a motorcycle intercepted the informant. The pillion rider of the motorcycle was the petitioner, who started demanding the money from the informant. Upon protest, the petitioner assaulted the informant by means of knife, causing injury in the right arm and near the left side of the chest. Thereafter, the informant was pushed on the road, due to which the elbow of the informant got fractured. The petitioner snatched Rs. 50,000/- from the pocket of the informant and fled away on the motorcycle.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused due to past skirmishes between the parties, who reside in the same locality. The occurrence has taken place on 16.11.2024 in the evening at about 5 PM, but the informant was admitted to hospital around 09:53 PM. The fardbayan of the informant was recorded on the next date, i.e. on 17.11.2024, by the police in the hospital and the same was forwarded to Court on 04.12.2024. Referring to the injury report, learned Counsel submits that the injuries have
Patna High Court CR. MISC. No.21092 of 2025(2) dt.23-04-2025 3/3 been caused by sharp object, though grievous in nature, but the nature of the injuries discussed is lacerated wounds; whereas the allegation against the petitioner is that he assaulted the informant by means of knife, which is a sharp cutting weapon.
5. I have heard learned Counsel for the parties concerned and have gone through the materials available on record.
6. It appears that the petitioner has specifically been named in the First Information Report and the fardbayan of the informant was recorded in the hospital by the Police on 17.11.2024. The nature of injuries, as discussed by the doctor, is grievous, caused by sharp cutting weapon. The petitioner is having criminal antecedent of serious nature of offence. Accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √