Rahul Ray @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47764 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Rahul Ray @ Rahul Kumar S/o- Shatrudhan Ray Village- Enayatpur Dhamaun PS- Shahpur Patori Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Tajpur P.S. Case No.156 of 2023 under Sections 147, 149, 447, 448, 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against three named and 3-4 unknown accused persons including the petitioner against whom there is allegation of assault to grand son of the informant due to which grand son become injured and goes under treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not resident of same village. He is basically
Patna High Court CR. MISC. No.47764 of 2024(2) dt.24-07-2024 2/3 son-in-law of the informant. He further submits that the F.I.R. has been lodged on 20.03.2023 whereas the alleged date of occurrence is 10.03.2023. He further submits that the delay has not been explained, therefore, the petitioner deserves anticipatory bail.
5. Counsel also submits that antecedent of the petitioner is clean. He submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 70703/2023.
6. Learned APP for the State opposes the prayer for bail and submits that from the bail order, it transpires that for the occurrence dated 10.03.2023, one of the accused who is motherin-law of the petitioner has filed a complaint case against the informant's son bearing Complaint Case No.625 of 2023 and with a view to save the skin of his son and grand son, the present case has been filed.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.
8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 (four) weeks from today and prays for regular bail, then trial
Patna High Court CR. MISC. No.47764 of 2024(2) dt.24-07-2024 3/3 court shall pass order considering merit of the case, without being prejudice of the present order preferably on the same day. (Dr. Anshuman, J.) Prakashmani/- U T