Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60676 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Rahul Kumar S/O Subhash Rai 2.

Prince Kumar S/o Mohan Rai @ Mohan Kumar Yadav both Resident of Dahiyawan Dargah, P.S.- Town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyan Prakash For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504, 34 of the Indian Penal Code and Section 37(a)(b) (c)of the Bihar Prohibition and Excise Act.

Petitioners are said to have assaulted the informant and his staff and also looted Rs. 20,000/- from Galla. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.60676 of 2021(2) dt.25-03-2022 2/3 case. He submits that there is no recovery from the conscious possession of the petitioners. He submits that injury found upon the hand of one Mahesh Kumar is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Chapra Town P.S. Case No. 06/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. as also the following conditions:

(1) One of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with petitioners. He will also undertake to inform the Court if there is any change in the address of petitioners.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in

Patna High Court CR. MISC. No.60676 of 2021(2) dt.25-03-2022 3/3 any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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