Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47818 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Rahul Kumar S/O Raju Kumar Ram, R/O Village- Galchaur, P.S. Barhara, (Krishnagarh), District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maya Shankar Mishra, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 353, 506, 34 of the Indian Penal Code.

3. According to prosecution case, the informant who is an Agriculture Coordinator, was went to snapping photos of crops regarding corps subsidy scheme for organic farming. In the meantime, the co-accused Raju Kumar Ram and three other persons of his family came and started assaulting the informant for the reason that why the informant had not selected their names for organic agriculture. The petitioner/co-accused persons took away the government documents, Government ID Card, golden chain and Rs.800/- from the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47818 of 2023(3) dt.30-10-2023 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that there is no specific overt-act against the petitioner rather there is general and omnibus allegation, hence no case under Sections 279 and 353 of I.P.C. is made out against the petitioner. He further submits that during investigation no positive and cogent material has came which shows the involvement of the petitioner in the instant occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barhara (Krishnagarh) P.S. Case No. 242 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) mdrashid/- U T