Rudal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68923 of 2023 Arising Out of PS. Case No.-606 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Rudal Kumar Son of Biru Mahto @Birendra Prasad @ Birendra Mahto Village-Devisarai, P.S.-Deepnagar, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-11-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Laheri PS Case No. 606 of 2022 dated 24.11.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 427 and 120(B) of the Indian Penal Code and Section 27 of Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the genesis of the occurrence was an incident of maar-peet and quarrel having taken place in between two groups and thereafter the police party reached at the place of occurrence and tried to pacify the persons of both the groups and several persons including the petitioner have been named and several unknown persons have also been made accused in the FIR, but against the petitioner, there is no any

Patna High Court CR. MISC. No.68923 of 2023(2) dt.07-11-2023 2/2 specific allegation nor his any specific role in the commission of the alleged occurrence has been revealed and also, no one sustained any injury in the alleged occurrence, though against the petitioner, there are criminal antecedents of two cases but he has got bail in both the said cases.

4.

Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the fact, that several persons have been named in the FIR and several unknown persons have also been made accused and against the petitioner, there is no specific allegation, in my opinion, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail in connection with Laheri PS Case No. 606 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Shahnawaz/- U T