Dinesh Kumar @ Dinesh Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14056 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- GURUA District- Gaya ====================================================== 1.

Dinesh Kumar @ Dinesh Prajapati, aged about 42 years, Male, S/o Shivnandan Prajapati @ Venga Prajapati 2.

Binod Mistry @ Binod Kumar Sharma, aged about 55 Years, Male, S/o Manikchand Mistry @ Manik Chand Sharma 3.

Raju Kumar @ Raju Singh, aged about 38 years, Male, S/o Late Jayram Singh 4.

Pintu Kumar @ Pintu Prajapati, aged about 30 years, Male, S/o Sitaram Prajapati @ Sitaram Prajapati 5.

Vijay Mistry @ Vijay Sharma @ Dr. Vijay Mistry, aged about 42 years, male, S/o Manikchand Mistry @ Manik Chand Sharma All are R/o vill - Ithari Rajan, P.S - Gurua, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Arvind Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Nirmal Kumar Sinha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Gurua P.S. Case No. 109 of 2023 dated 04.03.2023 registered for the offence(s) punishable under Sections 147, 148,

Patna High Court CR. MISC. No.14056 of 2024(2) dt.12-03-2024 2/3 149, 323, 379, 385, 427 and 435 of the Indian Penal Code.

3. As per the allegation made in the FIR, more than 100 persons assaulted the Munshi of the informant, who sustained injury and they had also looted a sum of rupees two lacs from him.

4. Learned counsel appearing on behalf of the petitioners submitted that general and omnibus allegation has been made against 100 accused persons, out of which 22 are named accused including the petitioners. Petitioners, on these grounds, seek to be released on bail.

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

6. Considering the nature of allegation made against the petitioner to be general and omnibus, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghati, Gaya in

Patna High Court CR. MISC. No.14056 of 2024(2) dt.12-03-2024 3/3 connection with Gurua P.S. Case No. 109 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T