Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18625 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Sanni Kumar Son Of Manoj Yadav Resident Of Village - Kankoul P.S. - Begusarai Muffasil, Distt. - Begusarai.

2.

Karelal Yadav @ Nitish Yadav Son Of Bulbul Yadav Resident Of Village - Kankoul P.S. - Begusarai Muffasil, Distt. - Begusarai. 3.

Ram Jee Yadav Son Of Buno Yadav Resident Of Village - Kankoul P.S. - Begusarai Muffasil, Distt. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prmod Manbansh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Mr. Pramod Manbansh, learned counsel appearing on behalf of the petitioners and Mr. Shyameshwar Dayal, learned A.P.P. for the State.

2. Learned counsel appearing on behalf of the petitioners submits that during the pendency of the bail application, the petitioners No. 1 and 2 namely Sanni Kumar and Karelal Yadav @ Nitish Yadav have already been taken into custody and their prayer for pre-arrest bail has become infructuous.

3. In view of the above submissions, the pre-arrest bail petition filed on behalf of the petitioners No. 1 and 2 namely Sanni Kumar and Karelal Yadav @ Nitish Yadav is

Patna High Court CR. MISC. No.18625 of 2023(2) dt.12-06-2023 2/3 dismissed as withdrawn.

4. The petitioner no.3 namely Ram Jee Yadav apprehends his arrest in connection with Begusarai Muffasil P.S. Case No. 360 of 2022, registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

5. As per the allegation made in the F.I.R. the accused persons named in the F.I.R. including the petitioner No.3 armed with lethal weapons entered into the house of the informant and assaulted the informant and his uncle.

6. Learned counsel appearing on behalf of the petitioner no.3 submitted that the allegation against the petitioner no.3 is that he had given order to other co-accused to assault. No specific allegation of assault has been made against the petitioner no.3. The petitioner no.3 has clean antecedent and he is aged about 78 years and on these grounds he seeks to be released on bail.

7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

8. Considering the nature of allegation made in the F.I.R. against the petitioner is that he was the order giver as well as the fact that petitioner is about about 78 years on the date of filing of the present bail application. Let the above named

Patna High Court CR. MISC. No.18625 of 2023(2) dt.12-06-2023 3/3 petitioner No.3 namely, Ram Jee Yadav, be released on bail, in the event of his arrest or surrender before the learned 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 Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 360 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Purnendu Singh, J) manish/- U T