Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88875 of 2024 Arising Out of PS. Case No.-183 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Rahul Kumar S/o Ram Vinay Kumar Resident of Village- Bhuwan Bigha, P.S- Parasbigha, Distt.- Jehanabad.

2.

Roushan Kumar S/o Ram Vinay Kumar Resident of Village- Bhuwan Bigha, P.S- Parasbigha, Distt.- Jehanabad.

3.

Raju Kumar S/o Ram Vinay Kumar Resident of Village- Bhuwan Bigha, P.S- Parasbigha, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Neeraj, Advocate.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2025 Heard Mr. Nitya Nand Neeraj, learned counsel appearing on behalf of the petitioners and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Parasbigha P.S. Case No. 183 of 2020 registered for the offence punishable under Sections 147, 149, 341, 323, 325, 504, 427 and 308 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioners are said to have assaulted the informant, his cousin and uncle causing injuries upon their person.

Patna High Court CR. MISC. No.88875 of 2024(2) dt.24-01-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case due to previous enmity. He further submits that the allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are agnates and there is land dispute between them.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the facts and circumstances of the case, the petitioner nos. 2 and 3, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 183 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. Considering the fact that there is direct allegation of assault against the petitioner no.1 Rahul Kumar, the prayer for bail of the petitioner no.1 Rahul Kumar is rejected.

Patna High Court CR. MISC. No.88875 of 2024(2) dt.24-01-2025 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T