Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9282 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== PRAKASH KUMAR S/O NARENDRA PRASAD SINGH R/O VILLAGEHASNA, P.S- GAIGHAT, DISTT.- MUZAFFARPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr.Mohammed Arif, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mohammed Arif, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Gaighat P.S. Case No. 243 of 2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 435, 436, 427, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., two persons died in a road accident and 100-150 persons blocked the road in protest.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been made accused in a false case. At the best, the petitioner can be held to be
Patna High Court CR. MISC. No.9282 of 2024(2) dt.20-02-2024 2/2 member of the mob and he has no concern in any manner with the accident which took place in which two persons were injured and finally died in course of treatment.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation made in the F.I.R., 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East, Muzaffarpur in connection with Gaighat P.S. Case No. 243 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T