Rahul Kumar @ Rahul Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22280 of 2025 Arising Out of PS. Case No.-701 Year-2024 Thana- JAMUI District- Jamui ====================================================== Rahul Kumar @ Rahul Gupta S/O Raju Sah R/O Vil.- Hansdih, P.S.- Jamui, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-04-2025
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 Jamui Police Station Case No. 701 of 2024, disclosing offences under Sections 126(2), 115(2), 308(3), 303(2), 3(5) of the BNS, 2023.
3. As per the FIR, on 25.10.2024 in the morning when the informant was returning from his coaching classes and was going towards his home on a Toto, the petitioner along with other accused persons named in the FIR and 4 to 5 unknown persons stopped the Toto of the informant, forcibly pulled him towards Srichand Nawada Ice-Cream Factory, started demanding money from the informant and upon refusal to pay, the informant was assaulted with belt, wood, wooden rod etc.
Patna High Court CR. MISC. No.22280 of 2025(2) dt.30-04-2025 2/3 The accused persons snatched a sum of Rs. 2,200/- and broke the mobile phone of the informant.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case due to the fact that the informant had taken money from the petitioner and when the petitioner demanded his money back, the present case has been lodged. He further submits that similarly situated coaccused Chotu Ram has been granted anticipatory bail by the same impugned order but the bail application of the petitioner has been rejected on the ground that there is specific allegation against him and petitioner is having criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused person has been granted bail by the Learned Sessions Judge by the same impugned order and the criminal antecedent of the petitioner is not of the similar nature of offence as alleged in the FIR, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four
Patna High Court CR. MISC. No.22280 of 2025(2) dt.30-04-2025 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 701 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T