Golu Kumar @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.377 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== 1.
GOLU KUMAR @ RAHUL KUMAR Son of Sagindra Singh @ Sureela Prasad R/v- Sonama, P.S.- Didarganj, District- Patna 2.
GULSHAN KUMAR @ DHIRAJ KUMAR Son of Sagindra Singh @ Sureela Prasad R/v- Sonama, P.S.- Didarganj, District- Patna 3.
SINTU KUMAR Son of Jogi Singh R/v- Sonama, P.S.- Didarganj, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s:
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard the parties.
The petitioners apprehend their arrest in connection with Didarganj P.S. Case No.18 of 2022, registered for the offence punishable under Sections 147, 148, 342, 504, 323, 307, 337, 338, 427, 435, 511, 353 of the Indian Penal Code and 3⁄4 of Prevention of Damage of Property of Public Protection Act 1984. The allegation against the petitioners is that they along with other co-accused persons assembled and attacked on the police party by means of several weapons due to which the informant sustained injury. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.377 of 2023(3) dt.19-06-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have two criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.
However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T