Rocky Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioners : Mr. Raj Krishna Jha, Advocate For the State : Mr. Rajendra Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 23-01-2025 Heard learned counsels for the parties.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126, 115(2), 109, 303(2), 352 and 3(5) of the B.N.S..

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As per prosecution case, these petitioners are alleged to have abused and assaulted informant by means of lathi and snatched gold chain and cash worth Rs. 3,500/-.

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It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, the present case has been filed by the informant only with a view to save his skin from a case bearing Fatuha P.S. Case No. 656 of 2024 which

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Patna High Court CR. MISC. No.81043 of 2024(3) dt.23-01-2025 2/3

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was lodged by mother of petitioners against the informant and others. The allegations are general and omnibus. Petitioner No. 1 is a student at I.T.I., Bihta and Petitioner No. 2 is a Lecturer in a Polytechnic Institute at Gulzarbagh, Patna. Petitioner No. 2 claims clean antecedents.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific accusation of assault and also of snatching gold chain and cash from the informant against these petitioners. It is further submitted that Petitioner No. 1 has got three criminal antecedents.

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Considering the aforesaid facts and circumstances, nature of accusation and criminal antecedents, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected.

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So far as Petitioner No., 2 is concerned, considering the general and omnibus allegations, case and counter-case between the parties and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to Petitioner No. 2 is allowed.

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Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named

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Patna High Court CR. MISC. No.81043 of 2024(3) dt.23-01-2025 3/3

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Petitioner No. 2 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Patna City, in connection with Fatuha P.S. Case No. 654 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

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This application stands disposed of.

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Rocky Kumar v. The State of Bihar

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Rocky Kumar v. The State of Bihar

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