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2025 DAILYLAW 39486 (PAT)

Rahul Kumar v. The State of Bihar

CR. MISC./30029/2025 · 2025-07-11

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30029 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- MOHIUDDIN NAGAR District- Samastipur ====================================================== Rahul Kumar S/o Late Nathuni Ray R/o Village- Telgama, P.S.- Mohanpur, Distt- Samastipur ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Om Prakash Om For the Opposite Party/s : Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 11-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case in connection with Mohiuddin nagar P.S. Case No. 244 of 2024 registered for the offences punishable u/s 118(2), 109, 61(2) read with section 3(5) of the BNS and Section 27 of the Arms Act and 37 of the Bihar Prohibition and Excise Amendment Act. 3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and the co-accused Rahul Pandit also fired from his pistol on the informant’s left hand due to which he got Patna High Court CR. MISC. No.30029 of 2025(2) dt.11-07-2025 2/3 injured. On hulla, the father and the brother of the informant came and took him to Government Hospital from where he was referred to Paras Hospital, Patna. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against the petitioner is general and omnibus in nature. The specific allegation is against the co-accused Rahul Pandit. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 17.03.2025 passed in Cr. Misc. No. 7998 of 2025. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.30029 of 2025(2) dt.11-07-2025 3/3 satisfaction of the learned court concerned, Samastipur in connection with Mohiuddin nagar P.S. Case No. 244 of 2024, subject to conditions as laid down under section 482(2) of the BNSS. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T