Rahul Rajak @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59167 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- JAMUI District- Jamui ====================================================== Rahul Rajak @ Rahul Kumar Son of Upendra Rajak R/V- VILLAGESATGAMA, P.S- JAMUI, DIST.- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2024

1. 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 147, 148, 149, 353, 332, 333, 188, 504, 341 and 323 of the Indian Penal Code read with Sections 37 and 45 of the Bihar Excise Act.

3. Learned counsel for the petitioner submits petitioner has antecedent of one case and the informant alleges that police received information that in village Satgama, a fight had arisen in between the two communities accordingly, the police reached the place of occurrence where accused persons including the petitioner had assembled from before and they started abusing the police and even pelted stones in which police personnel were injured and on breath analyzer report, maximum

Patna High Court CR. MISC. No.59167 of 2024(2) dt.19-08-2024 2/3 people in the crowed were found in a drunken condition and the accused persons came to be identified based on video clips

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such it cannot be alleged that he was in a drunken condition. It is also submitted that since an occurrence had taken place and the petitioner resides nearby, as such, he also went to the place of occurrence on hearing that a fight has broken out when police came and as such it appears that the petitioner also was implicated based on video clip.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamui P.S. Case No. 185 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.59167 of 2024(2) dt.19-08-2024 3/3

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T