Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65725 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Rahul Kumar Son of Pulendra Yadav Resident Of Village- Murari Tar, PSPali, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Neeraj, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
3. Prosecution case in nutshell is that while the informant was returning to his house, petitioner along with co-accused Vikash Kumar intercepted his motorcycle. Subsequently, co-accused Golden Kumar assaulted the informant by means of butt of pistol on his face and snatched Rs. 3,500/- (three thousand five hundred rupees), gold locket
Patna High Court CR. MISC. No.65725 of 2024(4) dt.20-03-2025 2/3 and mobile from his possession, on the point of pistol. In the meantime, co-accused Rohit Kumar assaulted the informant by means of rod due to which he sustained head injuries and snatched wrist watch. It is further alleged that petitioner and co-accused Vikash Kumar also assaulted the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated due to previous enmity and village politics. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. This fact is also evident from perusal of paragraph 9, 10, 11 and 33 of case diary. Both parties are near villagers. Injury report (para 111 of case diary) suggests that no obvious bony injury seen. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above as
Patna High Court CR. MISC. No.65725 of 2024(4) dt.20-03-2025 3/3 well as considering the allegation and nature of injury, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kako P.S. Case no. 45 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisioanl Judicial Magistrate, Jehanabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T