Rahul Kumar @ Rahul Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38094 of 2022 Arising Out of PS. Case No.-203 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Rahul Kumar @ Rahul Vishwakarma Son Of Late Pramod Vishwakarma R/O Village- Bhanibigha, P.S.- Makhdumpur, District- Jehanabad 2.

Manish Kumar @ Manish Vishwakarma @ Prem Prakash Vishwakarma Son Of Late Pramod Vishwakarma R/O Village- Bhanibigha, P.S.- Makhdumpur, District- Jehanabad 3.

Suraj Kumar @ Suraj Vishwakarma Son Of Late Pramod Vishwakarma R/O Village- Bhanibigha, P.S.- Makhdumpur, District- Jehanabad 4.

Karu Kumar @ Karu Vishwakarma @ Deepak Vishwakarma Son Of Late Pramod Vishwakarma R/O Village- Bhanibigha, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition with respect to petitioner No. 3.

Permission is granted.

The anticipatory bail petition for petitioner No. 3, Suraj Kumar, is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 1, 2, and 4 and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 307, 504/34 and other

Patna High Court CR. MISC. No.38094 of 2022(2) dt.22-11-2022 2/3 allied sections of Indian Penal Code.

As per prosecution case, all the FIR named accused persons including these petitioners assaulted the informant and his son by means of lathi, brick and stone as a result of which informant and his son sustained injury.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to village politics. It is further submitted that there is ulterior motive behind falsely implicating these petitioners in the instant case as father of all these petitioners was killed for which an FIR was lodged against the informant and others. Moreover, similarly situated co-accused Rohit Kumar and others have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.01.2022 passed in Cr. Misc. No. 28663 of 2021. Petitioners have got clean antecedent. Considering the aforesaid facts and circumstances, let petitioner Nos. 1, 2 and 4 in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Makhdumpur P. S. Case

Patna High Court CR. MISC. No.38094 of 2022(2) dt.22-11-2022 3/3 No. 203 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T