Rahul Kumar @ Rahul Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34344 of 2024 Arising Out of PS. Case No.-415 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== Rahul Kumar @ Rahul Pandey son of Dharbin Pandey Resident of VillageNeutapur, P.S.- Bodh Gaya, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brijmohan Das For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bodh Gaya P.S. Case No. 415 of 2021 registered for the offences punishable under Sections 302, 120 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is said to have fired upon the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no eye witness in the present case. He further submits that during the investigation some witnesses have not

Patna High Court CR. MISC. No.34344 of 2024(2) dt.19-07-2024 2/2 supported the prosecution case. The petitioner has two criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T