Raja Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38715 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Raja Kumar @ Raja Yadav SON OF SHIV CHANDRA YADAV @ SHIVCHANDRA PRASAD SINGH RESIDENT OF VILLAGEPHULHARA, P.S.- RAJA PAKAR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Raja Pakar P.S. Case No. 103 of 2024 registered for the offences punishable under Sections 147, 149, 323, 341, 332, 333, 353, 427, 224, 225, 307 of the Indian Penal Code and Section 3⁄4 of Prevention of Damage to Public Property Act.

3. As per the FIR, the allegation against the petitioner is that he along with other co-accused persons assaulted the police personnel and also pelted stones upon them in order to save the wanted accused, who was arrested by the police force.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no

Patna High Court CR. MISC. No.38715 of 2024(2) dt.10-07-2024 2/2 offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. At best, petitioner can be said to be member of mob. There is no specific overt act against him. None of the police personnel has received any injury. Petitioner has five criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the criminal antecedents of the petitioner as well as the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T