Kargil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68181 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Kargil Kumar S/O Phulena Yadav @ Phulena Ray @ Ray R/O VillageBachhwara Tara, Ward No. 13, P.S- Bachhwara, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 02 of 2024 registered for the offences punishable under Sections 341, 323, 307, 504, 506 & 34 of the Indian Penal Code and Section 27 of the Arms Act. 3.

The prosecution case in short is that co-accused persons including the petitioner have assaulted the husband of the informant by means of iron rod. It is also alleged that coaccused, namely, Vikash Kumar assaulted the husband of the

Patna High Court CR. MISC. No.68181 of 2024(2) dt.20-09-2024 2/3 petitioner by entering the pistol in his mouth. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that there is general and omnibus allegation against the petitioner rather the specific allegation of assaulting by means of pistol is against co-accused, namely, Golu Kumar. Petitioner is stated to be man of clean antecedent. Other coaccused has been allowed anticipatory bail by this Court vide order dated 06-09-2024, passed in Cr. Misc. No. 501902 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 02 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.68181 of 2024(2) dt.20-09-2024 3/3 under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T