Gudan Singh @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71892 of 2022 Arising Out of PS. Case No.-496 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Gudan Singh @ Rahul Kumar S/O Kishori Singh R/O Village- Kulna Kusmuhar, P.S- Akbarpur, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 379 of the Indian Penal Code. As per prosecution case, the petitioner along with accused persons destroyed the house of the informant with illegal sand loaded tractor. When the informant asked for challan of sand, the driver denied, and they gathered 20-25 villagers, who started pelting stone on the informant and other police personnel.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the
Patna High Court CR. MISC. No.71892 of 2022(2) dt.17-03-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that the fact that neither the petitioner is named in FIR nor he was present at alleged place of occurrence. Petitioner has no got one criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Akbarpur P.S. Case No. 496 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T