Abhishek Rajput @ Abhishek Kumar @ Abhishek Rajpur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66619 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== 1.
Abhishek Rajput @ Abhishek Kumar @ Abhishek Rajpur Son of Ajay Singh Resident of Village-Biscoman Colony, P.S.- Aalamganj, Distt.- Patna 2.
Sunny @ Sahil Singh Son of Shubhash Singh Resident of Village-Biscoman Colony, P.S.- Aalamganj, Distt.- Patna 3.
Bittu Rajpur @ Rudra Pratap Singh Son of Shubhash Singh Resident of Village-Biscoman Colony, P.S.- Aalamganj, Distt.- Patna 4.
Subhash Singh @ Subhash Kumar Singh Son of Krish Prasad Singh Resident of Village-Biscoman Colony, P.S.- Aalamganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan No. II, Advocate Mr. Pranav Kumar, Advocate Mrs. Priyanka Kumari, Advocate Ms. Kumari Seema Singh, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-04-2025
1. Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Alamganj P.S. Case no.85 of 2024 registered under sections 342, 327, 379, 427 and 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the informant states that on 02.02.2024 at about 8:00 p.m. when he coming back to home, six unknown persons surrounded his motorcycle and they started assaulting with fists and slaps. He further states that with
Patna High Court CR. MISC. No.66619 of 2024(6) dt.16-04-2025 2/3 an intention to kill him they assaulted the informant on his head with brick causing injury and took out Rs.25,000/- from the informant's pocket and fled away towards Biscoman Colony. Later on, he along with his acquaintance Hare Ram went towards Biscoman Colony, and found four persons standing there and it was Hare Ram who told the names all the six accused persons who are the members of the same family.
4. Learned counsel for the petitioner submits that the petitioners have been falsely implicated in the case. There has been no such incident as stated therein. It has been submitted that the name of the petitioners has been taken at the instance of one Hare Ram, who is a friend of Rohit Kumar who resides in the house of petitioner no. 4 as tenant. He further submits that Hare Ram who is man of criminal background, has inimical terms with the petitioners' family. Petitioner nos. 2 and 3 are the sons of petitioner no. 4 and petitioner no. 1 is the nephew of petitioner no. 4. Learned counsel for the petitioner further submits that it would be evident from perusal of the case diary, there is no injury found on the informant's body.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the State points out that
Patna High Court CR. MISC. No.66619 of 2024(6) dt.16-04-2025 3/3 petitioner nos. 1 and 2 have no criminal antecedent but petitioner nos. 3 and 4 have one criminal antecedent. In response, learned counsel for the petitioners submits that petitioner nos. 3 and 4 are on bail on the said case.
6. Considering the entire facts and circumstances of the case, specially considering the fact that the persons of the same family have been made accused at the instance of Hare Ram who has inimical terms with the petitioners' family and also there is no injury report available on record, it is directed that the petitioner, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Alamganj P.S. Case no.85 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IV, Patna City, Patna, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T