Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36167 of 2024 Arising Out of PS. Case No.-422 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Rahul Kumar SON OF MUKHTAR YADAV VIllage_ Uttarwi Tola, Alauli, P.S. -Alauli, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the I.P.C. in connection with Alauli P.S. Case No.422 of 2023.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case based on general and omnibus allegation. It is next submitted that no specific allegation has been alleged against the petitioner by the informant in the FIR, though there is allegation of firing, but then informant is not an eyewitness to the occurrence. It is further submitted that petitioner will not abscond rather will cooperate in the investigation.

Patna High Court CR. MISC. No.36167 of 2024(2) dt.30-08-2024 2/2

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No.422 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T