Anooj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18737 of 2024 Arising Out of PS. Case No.-183 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.
Anooj Kumar S/o Yamuna Yadav R/o vill - Bhuban Bigha, P.S. - Parasbigha, Distt. - Jehanabad 2.
Mithlesh Kumar @ Mithlesh Yadav @ Ranjay Kumar S/o Girijanandan Singh R/o vill - Bhuban Bigha, P.S. - Parasbigha, Distt. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Neeraj, Advocate.
For the State :
Mrs.Renu Kumari, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-07-2024 Heard Mr. Nitya Nand Neeraj, learned counsel appearing on behalf of the petitioners and Mrs. Renu Kumari, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Parasbigha P.S. Case No. 183 of 2020 registered for the offence punishable under Sections 147, 149, 341, 323, 325, 504, 427 and 308 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the petitioners are said to have broken the thatched roof of the informant and allegation of assaulting the informant and his family members is against other accused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18737 of 2024(3) dt.20-07-2024 2/3 petitioners submitted that the petitioners are innocent and they have falsely been implicated in the case due to previous enmity. He further submits that the allegation against the petitioners is that they had broken the thatched roof of the informant. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are agnates and there is land dispute between them. Similar situated co-accused namely Shailesh Yadav, Kamlesh Kumar and Ramvinay Yadav have been released on pre-arrest bail vide order dated 10.01.2024 passed in Cr. Misc. No. 80682 of 2023 by this Court.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the facts and circumstances of the case, 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 183 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.18737 of 2024(3) dt.20-07-2024 3/3
7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
8. The bail application, accordingly, stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T