Gurudev Paudar @ Gurudev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20276 of 2024 Arising Out of PS. Case No.-284 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Gurudev Paudar @ Gurudev Kumar, S/o Basant Paudar, R/o Ward No. 07, Veena, P.S. - Supaul, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shahid Aqubal, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard Mr. Shahid Aqubal, learned counsel appearing on behalf of the petitioner and Mr. Md. Matloob Rab, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Supaul P.S. Case No. 284 of 2020 registered for the offence(s) punishable under Sections 144, 149, 447, 504, 341, 323, 354B, 380 and 308 of the Indian Penal Code.

3. As per the allegation made in the FIR altogether 13 named accused persons including the petitioner assaulted the informant and his husband on different parts of the body and they also took away Rs.60,000/- from them. Specific allegation against the petitioner is that he has assaulted the informant on different parts of the body, causing injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that allegation made in the FIR is not

Patna High Court CR. MISC. No.20276 of 2024(2) dt.02-04-2024 2/2 sustainable. The informant is the close relative of the petitioner and due to previous enmity, a false case has been lodged. Injury report reveals that injuries sustained on the body of the informant are not on the vital part and they are simple in nature. Petitioner has clean antecedent.

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

6. Considering the nature of allegation made in the FIR and also the fact that injuries sustained by the informant are simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. 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 CJM, Supaul/ Nishit Deo, J.M. 1st Supaul in connection with Supaul P.S. Case No. 284 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T