Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28568 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Anil Kumar Son Of Sukhdev Kamat Resident Of Village- Pilkhwar, PsRajnagar, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikas Kumar Jha, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 380, 504, 427, 506 and 34 of the Indian Penal Code, 1860.
3. As per the prosecution case, on the alleged date and time of occurrence, all the FIR named accused persons including this petitioner abused and assaulted. It is further alleged that this petitioner vandalized all the things kept in the house and broke the lock of the box kept in house and took nine thousand rupees, and also gold and silver jewelry.
4. Learned counsel for the petitioner submits that petitioner is step brother-in-law of the informant and he has falsely been implicated in this false and concocted case. There is
Patna High Court CR. MISC. No.28568 of 2024(2) dt.14-05-2024 2/2 no allegation of assault against this petitioner. Rest of the allegation against the petitioner is ornamental in nature to make the case grave. The FIR has been lodged after the delay of three days for which there is no plausible explanation which itself creates doubt over the veracity of the entire prosecution case.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate 1st Madhubani in connection with Rajnagar P.S. case no. 230 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/AnkitU T