Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53769 of 2023 Arising Out of PS. Case No.-312 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== Saurabh Kumar S/O Sri Pawan Kumar Singh, R/O Village- Ghosaith, P.S.- Piribazar, District- Lakhisarai, Bihar-811112. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Sujit Kumar, Advocate Mr. Prashant Bharadwaj, Advocate Mr. Mahima Sharma, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bahadurpur P.S. Case No. 312 of 2019 dated 17.11.2019 instituted for the offence punishable under Sections 147, 148, 341, 323, 324, 307, 504, 337, 338, 379 of the Indian Penal Code.

3. The prosecution case, in short, is that on 16.11.2019 at about 10.00 pm, when Ravi Ranjan, the owner of Hair Zone Mens Parlour, was about to proceed to his house by motorcycle, 20-25 unknown persons assaulted with hockey stick and iron rod on his head with intention to kill. In this occurrence, his

Patna High Court CR. MISC. No.53769 of 2023(2) dt.23-08-2023 2/3 mobile phone got missed. Thereafter he was admitted to hospital where he got about 150 stitches in his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the First Information report. Learned counsel for the petitioner submits that the name of the petitioner has transpired in this case only on the basis of information given by spy to investigating officer after one year of the occurrence. Learned counsel for the petitioner submits that the petitioner has completed his Master Degree in History from Patna University in June 2019. Thereafter, the petitioner took admission in B.Ed course in the year 2020. After completing his B.Ed. in May, 2022 from Haryana, the petitioner came to Patna for preparation of UGC Net exam, where it came to his knowledge that his name has been dragged in this case. It is also submitted that the petitioner has qualified UGC Net in 2023. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.53769 of 2023(2) dt.23-08-2023 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bahadurpur P.S. Case No. 312 of 2019, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U