Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49014 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Rahul Kumar Son of Suman Singh Resident of Vill- Paharpur, P.S.- Haveli Kharagpur (O.P. Shampur), District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Patel, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner is apprehending his arrest in Haveli Kharagpur (Shampur) P.S. case No. 311 of 2023 registered under Sections 341, 342, 323, 385, 387 and 34 of the Indian Penal Code.
3. The prosecution allegation, in short, is that the accused persons were threatening the informant and his family members to withdraw the case otherwise, they will be killed. On the date of occurrence, the accused persons surrounded the son of the informant and said to withdraw the earlier case on which son of the informant started crying and on hearing the sound, the informant reached the place of occurrence and the accused
Patna High Court CR. MISC. No.49014 of 2024(2) dt.19-07-2024 2/3 persons fled away.
4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got no criminal antecedent. Both the parties are agnates and there is land dispute going on between the parties. Except Section 387 of the Indian Penal Code, all others sections of Indian Penal Code are bailable. The petitioner has no concern with the alleged occurrence and he is a student and preparing for competitive examination. The informant is having an evil eye on the property of the accused persons and that is why the present false case has been instituted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that the petitioner is named in the F.I.R.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Haveli Kharagpur (Shampur) P.S. case No. 311 of 2023, subject to the conditions
Patna High Court CR. MISC. No.49014 of 2024(2) dt.19-07-2024 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Pankaj/- U T