Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88655 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Rahul Kumar Son of Awadhesh Kumar Resident of village-Mansurpur Chamarua, PS Karja , Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2025 Heard Mr.Alok Kumar Choudhary, learned counsel for the petitioner and Mr.Surendra Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Karja P.S.Case No.185 of 2024,FIR dated 07.08.2024 registered for the offences punishable under Sections 126(2),115(2),118(1),109,352,351(3),3(5) B.N.S.

3. The FIR was registered on the basis of the written report of the informant Babita Devi alleging that on 06.08.2024 Rahul Kumar, his wife Chandani Kumari and Mina Kumari came to her door and started hurling abused on which when her husband Ravindra Paswan objected, Chandani Kumari and Mina Devi give instigation to kin on which Rahul Kumar assaulted the husband of the informant by a knife in his ribs due to which

Patna High Court CR. MISC. No.88655 of 2024(2) dt.08-01-2025 2/3 he fell down and became unconscious. On alarm raised by her the villagers came and took her husband to SKMCH, for treatment but later on he was taken to Prashant Hospital at Juran Chhapra, Muzaffarpur where his treatment was going on so there was delay in filing of FIR.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case and due to admitted land dispute the present occurrence had taken place and it appears from the FIR itself that there is direct and specific allegation against the petitioner that he assaulted to the informant and her family members and injury report suggests that the injured persons have received serious injury.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, there is direct and specific allegation of assault against the petitioner and it appears from the impugned order itself that the learned court below itself perused the spot injury on the person of the husband of the informant when he has appeared before the learned court below, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Karja P.S.Case No.185 of 2024

Patna High Court CR. MISC. No.88655 of 2024(2) dt.08-01-2025 3/3 pending in the court of learned Judicial Magistrate Ist Class (West) Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T