Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31486 of 2015 Arising Out of PS.Case No. -232 Year- 2014 Thana -PARWATTA District- KHAGARIA ====================================================== Rahul Kumar son of Rampukar Ray, resident of village - Nayagaon, Siromani Tola, Police Station - Parbatta, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate : Mr. Amrendra Kumar @ Dr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Parbatta P.S.Case No.232 of 2012 registered under section 302/34 of the Indian Penal Code.

Case diary in the present case was called for which has been received.

Learned counsel for the petitioner submits that though the allegation has been made against the petitioner in the FIR that he had attacked the father of the informant, there is no cogent material in the case diary so as to connect the petitioner in the present occurrence. Learned counsel further submits that the

Patna High Court Cr.Misc. No.31486 of 2015 (3) dt.29-10-2015 2/2 persons who are said to have witnessed the occurrence have not taken name of this petitioner and in the FIR informant has named this petitioner on account of some previous dispute between the parties.

Learned counsel appearing on behalf of the State submits that though some villagers have stated that four persons had dragged the father of the informant along the Bandh, none of them have taken the name of this petitioner.

Considering the aforementioned facts and circumstance of the case and the materials available in the case diary and also that the petitioner has got no criminal antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No.232 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Md.S./- U T