Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55825 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== RAHUL KUMAR son of Late Bhola Singh Village- Piparpanti Ps- Pasraha Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Bhushan For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 307/34 and 120B of the Indian Penal Code and Section 27(3) of the Arms Act pending in the learned court below.

3. There is allegation against the petitioner that he has fired upon the son of the informant and police has recovered four cartridges from the place of the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has no hand in the commission of murder. He submits that petitioner is only a member of the unlawful assembly. He further submits that informant is not an eye witness of the occurrence. He further

Patna High Court CR. MISC. No.55825 of 2023(2) dt.31-08-2023 2/2 submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Pasraha P.S. Case No. 66/2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that petitioner has got no criminal antecedent.

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