Patna High CourtCR. MISC./32618/2024dismissed

Rakesh Yadav v. The State Of Bihar

2024-05-22Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32618 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Rakesh Yadav Son of Dinanath Yadav Resident of Village- Raghunathpur, PsBarahampur, Dist- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-05-2024 Heard Ld. counsel for the petitioner andLd. APP for the State.

2. The petitioner apprehends his arrest in connection with Railway Patna Buxar P.S. Case No. 245 of 2023 dated 11.09.2023, registered for the offences punishable under Sections 341, 323, 379, 307, 325, 504, 506, 34 of the Indian Penal Code.

3. The prosecution case as emerges from the FIR is that while the Informant's husband was standing on Raghunathpur railway station, the Petitioner along with other co-accused persons came there and started assaulting him and threw him on the railway platform. They also snatched Rs.5,000/- from him. He was taken to local government hospital. Later on, her husband was referred to P.M.C.H, Patna for better treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.32618 of 2024(2) dt.22-05-2024 2/2 case. He further submits that no injury report has been received. He also submits that false case has been filed against the Petitioner on account of previous enmity.

5. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon'ble Court for grant of Anticipatory bail or Regular bail.

6. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the wife of the victim has witnessed the whole assault by the Accused persons including the Petitioner on the victim who consequently got unconscious. He was admitted in local hospital and later on referred to higher hospital for treatment. As such, the allegation against the Petitioner is serious in nature.

7. Considering the serious nature of allegation and material on record, I am not persuaded to enlarge the petitioner on anticipatory bail.

8. Accordingly, the prayer of the petitioner for anticipatory bail stands rejected.

(Jitendra Kumar, J.) chandan/manishU T