Raushan @ Abhimanyu Kumar @ Raushan Yadav Phaltu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24782 of 2025 Arising Out of PS. Case No.-1493 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Raushan @ Abhimanyu Kumar @ Raushan Yadav Phaltu S/o Birju Rai R/o vill- Isopur Rai Chowk, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Rai, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 109, 115(2), 118(1), 126(2), 303(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 02.10.2024 at about 5:40 PM, informant along with his friend was sitting in the field. In the meantime, it is alleged that all the F.I.R. named accused persons including this petitioner came there and started assaulting them with butt of pistol, lathi and danda due to which they sustained injuries. It is further alleged that accused person snatched gold chain from the neck of informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation
Patna High Court CR. MISC. No.24782 of 2025(2) dt.05-05-2025 2/2 of assault is general and omnibus and there is no specific allegation of overt act against petitioner. It is further submitted that four similarly situated co-accused persons have already been granted bail by learned Court below vide Annexure-P/03 Series.
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that there is specific accusation that this petitioner was involved in the offence and he has got six criminal antecedents.
6. Considering nature of accusation and criminal antecedents, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T