Rabindra Kumar @ Dabloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60177 of 2021 Arising Out of PS. Case No.-243 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== RABINDRA KUMAR @ DABLOO KUMAR Son of suresh Prasad Singh @ Suresh Mahto Resident of Village - Chand Chaur Pachpaka (Satanpur), P.s.- Ujiyarpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323,307, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he had gone to Shiv Ganga Line Hotel situated at Satanpur when petitioner along with four accused also came there in their vehicle and started to abuse and assault the informant, it is next alleged that Rabindra Kumar and Deepak Kumar fired four round from their pistol with an intention to

Patna High Court CR. MISC. No.60177 of 2021(2) dt.12-07-2022 2/3 terrorize the informant and when nearby people assembled on alarm, the accused persons fled away.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, the FIR does not even remotely suggest the motive that as to why the present occurrence was committed by the accused persons. It is next submitted that as far as allegation of firing is concerned, the same is against the petitioner and Deepak Kumar, it is next submitted that from the place of occurrence no empty cartridges were recovered to connect the petitioner with the offence. Learned counsel submits that father of the petitioner had filed Ujiyarpur P.S. Case No. 244 of 2021 against the informant as a result of which, the present false case came to be instituted against the petitioner, it is also submitted that no injury has been caused to the informant or any person in the Line Hotel. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/-

Patna High Court CR. MISC. No.60177 of 2021(2) dt.12-07-2022 3/3 (Rupees Ten Thousand) each 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 Ujiyarpur P.S. Case No. 243 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T