Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6382 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Piyush Kumar, S/o Shankho Mandal @ Shankar Mandal R/o Village - Shankarpur, P.S. - Sabour, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2024 Heard Mr. Kamal Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sabour P.S. Case No. 181 of 2023 dated 31.03.2023 registered for the offence(s) punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the allegation made in the FIR lodged by a police officer, who was told by a truck driver that 5 to 6 criminals are engaged in looting at the point of arms.

4. Learned counsel appearing on behalf of the petitioner submitted that two persons were arrested who disclosed the name of the petitioner. Learned counsel further submitted that petitioner is innocent and due to enmity, the

Patna High Court CR. MISC. No.6382 of 2024(2) dt.17-02-2024 2/2 accused persons have named the petitioner in the police custody, which has no evidentiary value. The petitioner has clean antecedent and deserves to be released on bail.

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

6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with /Sabour P.S. Case No. 181 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force (Purnendu Singh, J) Sanjay/- U T