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Patna High CourtCR. MISC./84763/2019rejected

Roshan Kumar @ Raushan Kumar v. The State Of Bihar

2020-06-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84763 of 2019 Arising Out of PS. Case No.-495 Year-2019 Thana- DANAPUR District- Patna ====================================================== ROSHAN KUMAR @ RAUSHAN KUMAR Son of - Vijay Singh Resident of Village- Kanharpur, P.O. and P.S.- Sandesh, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Danapur P.S. Case No.495 of 2019 registered under Sections 341, 323, 324, 326, 307 and 34 of the Indian Penal Code.

The informant alleged that while he was sitting on his shop of Sudha Parlour situated at Saguna More, Raushan Kumar(the petitioner), who is staff of V-Mart, came at his shop and when he asked him why he used to demand goods on credit from his son, on such, Raushan Kumar threatened the informant. After sometimes, Raushan Kumar came on motorcycle along with Karn and his brother(Ravi) and two other unknown persons. Ravi took out knife and repeatedly stabbed the informant.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.84763 of 2019(3) dt.25-06-2020 2/2 there is no allegation of assault against the petitioner. Petitioner has falsely been implicated in the case. Petitioner has got no criminal antecedent but it appears that simply when the informant asked the petitioner about the reason of demanding articles on credit from his son, the petitioner became infuriated and again came with his goons who stabbed the informant. It is a sheer act of criminality on the part of the petitioner and his man at about 10 P.M. in the night.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T