Rahul Kumar @ Rahu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30368 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== RAHUL KUMAR @ RAHU KUMAR, Son of Ishwar Singh, Resident of Mohalla- Agarwa, P.S.- Town, District- East Chamapran, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Pankaj For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chhtauni P.S. Case No. 276 of 2018 registered for the offences punishable under Sections 323, 324, 307, 380, 448 and 34 of the Indian Penal Code.
Allegation as per FIR is that petitioner along with other accused persons entered in the campus of the informant by breaking the gate and they started assaulting him by knife, causing three injuries to him and petitioner also received injuries. There is also allegation of taking away ornaments worth Rs. 3 lac and cash of Rs.16,000/-.
Submission of learned counsel for the petitioner is that in paragraph-11 of the case diary one of the independent witnesses has not named this petitioner, rather named other accused persons and though there is allegation against four
Patna High Court CR. MISC. No.30368 of 2019(3) dt.18-07-2019 2/2 persons but only three injuries were found on the person of injured.
Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that injured has taken name of the petitioner in the fardbeyan and there is specific allegation of stabbing against him along with other accused persons. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T