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Patna High CourtCR. MISC./73447/2023allowed

Rehan Raj @ Anupam Kumar v. The State Of Bihar

2024-03-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73447 of 2023 Arising Out of PS. Case No.-174 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== REHAN RAJ @ ANUPAM KUMAR SON OF CHHOTU PASWAN RESIDENT OF BARI ISLAMPUR, NASIRPURA, P.S.- PARSA BAZAR, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Adv.

For the Opposite Party/s :

Ms.Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 325, 504, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner is said to have abused and assaulted the informant brutally with deadly weapons due to which the informant sustained several injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner is a

Patna High Court CR. MISC. No.73447 of 2023(4) dt.05-03-2024 2/3 student and he has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no evidence available on record to show the complicity of the petitioner in the present case. The seized motorcycle does not belong to the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that there is serious allegation against the petitioner and other co-accused persons to assault the informant with deadly weapons due to which he sustained grievous injuries. Hence, the petitioner does not deserve the privilege of anticipatory bail.

6. Having regard to the facts and circumstances of the case, as from bare perusal of the record, it is evident that there is no specific overt act against the petitioner, 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

Patna High Court CR. MISC. No.73447 of 2023(4) dt.05-03-2024 3/3 Parsa Bazar P.S. Case No. 174 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T