Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22858 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- BEERPUR District- Begusarai ====================================================== RAHUL KUMAR S/O GHURAN MAHTO @ PURAN KUMAR @ PURAN MAHTO R/O VILLAGE- BAHBALPUR, P.S.- BIRPUR, DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 379, 385, 504, 506 of the Indian Penal Code.

The informant alleges that Rahul along with Ram Kumar demanded an extortion of Rs. 1,00,000/- and when the same was not paid, it is alleged that the accused persons assaulted the informant with butt of the pistol causing injury on head, thereafter, four other motorcycle borne criminals including the petitioner came at the place of occurrence and assaulted the informant and further took out Rs. 2,100/- from his shop.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next

Patna High Court CR. MISC. No.22858 of 2023(2) dt.12-07-2023 2/2 submitted that Rahul Kumar who demanded extortion is son of Ram Kumar while the petitioner is son of Ghuran Mahto, it is next submitted that with respect to the petitioner, it is alleged that he came after the occurrence along with other accused persons on motorcycle and, thereafter, it is alleged that they also assaulted but then allegation of assault is not specific and petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Birpur P.S. Case No. 148 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T