Patna High CourtCR. MISC./35325/2022bail rejected

Harsh Raj v. The State Of Bihar

2022-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35325 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== HARSH RAJ Son of Sri Arun Kumar Resident of Village - Aryasamaj Road, Near Lalukhatal, P.O. and P.s.- Danapur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 365/ 379/ 323/ 504 of the IPC. As per the prosecution case while the informant was standing near a tea stall waiting for his friend in the mean time a Scorpio vehicle stopped there and two accused persons including the petitioner came down and started abusing the informant. Accused persons assaulted the informant and forcefully dragged the informant inside the vehicle. They snacked golden chain, wrist watch and pushed him out of the vehicle.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because this petitioner and informant are common friend of Soni Kumari. Petitioner is neither indulged in any such acts as stated in the FIR nor does the alleged vehicle belongs to him.

Patna High Court CR. MISC. No.35325 of 2022(2) dt.01-11-2022 2/2 Furthermore, at the relevant time there was country wide lock down due to Covid-19 as such the incident narrated in the FIR seems improbable. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that there is during investigation witnesses have supported the prosecution case and there is direct and specific allegation that petitioner and other co-accused committed aforesaid offence. .Considering the nature of the allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) asmit/- U T