Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84416 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== Rahul Kumar S/o- Nivas Singh village- Bhadaur, P.O-Nardiganj, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with other co-accused persons armed with deadly weapons entered into the Toto show-room and dragged the informant out from there and assaulted him. Petitioner is said to have assaulted him with iron rod.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The F.I.R. has been lodged

Patna High Court CR. MISC. No.84416 of 2023(2) dt.08-01-2024 2/2 after delay two days without assigning any reason. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is agaisnt co-accused Prashant @ Golu Kumar and Nishant Kumr out of them co-accused namely, Prashant Kumar @ Golu Kumar has already been granted anticipatory bail vide order dated 12.10.2023 passed in Cr. Misc. No. 48534 of 2023. Petitioner is languishing in judicial custody since 13.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada in connection with Nardiganj P.S. Case No.373 of 2022. (Sunil Kumar Panwar, J) lata/- U T