Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23216 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- ATRI District- Gaya ====================================================== Santu Kumar, aged about 28 years, Male, S/O Nawal Yadav, R/O villageMalhachak, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Vinod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Sunil Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Atri P.S. Case No. 106/24 registered for the offence(s) punishable under Sections 341, 323, 504 and 308 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein have abused and assaulted the informant and his family members.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.23216 of 2025(2) dt.30-04-2025 2/3 been implicated in the present case. He further submitted that petitioner is neither named in the FIR nor any incriminating article was recovered from his house. So far as allegation of assault against the accused persons are concerned, that is general and omnibus. Similarly situated co-accused persons have also been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 08.01.2025 passed in Cr. Misc. No.89295 of 2024.

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 accused persons, which is general and omnibus and also the fact that similarly situated co-accused persons have already been granted pre-arrest bail by a co-ordinate Bench of this Court, 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 C.J.M., Gaya / Concerned Court in

Patna High Court CR. MISC. No.23216 of 2025(2) dt.30-04-2025 3/3 connection with Atri P.S. Case No. 106/24, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U T