Rahul Kumar @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40295 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Rahul Kumar @ Bhola Kumar S/o Awadhesh Prasad Sinha R/o villageKurtha Dih, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad 2.

Subhas Kumar S/o Shivblam Paswan @ Raj Ballam Prasad R/o villageKurtha Dih, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad 3.

Pintu Kumar S/o Bhushan Prasad R/o village- Kurtha Dih, P.S.- Makhdumpur (Tehta O.P.), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 452, 337, 338, 354, 379, 504, 506 of the Indian Penal Code. As per FIR, petitioners along with other accused persons tried to break open the gate of the informant. On objection, they abused and assaulted her with fist and slaps. It is

Patna High Court CR. MISC. No.40295 of 2021(2) dt.21-03-2022 2/3 also alleged in the FIR that Rahul Kumar snatched gold chain from the neck of informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 28.06.2021 in Cr.Misc. No. 36618 of 2020. He submits that there is case and counter case between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Makhdumpur (Tehta O.P.) P.S. Case No.

Patna High Court CR. MISC. No.40295 of 2021(2) dt.21-03-2022 3/3 320 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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