Deo Nandan Kumar @ Deomuni @ Dauni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26331 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- FATUA District- Patna ====================================================== 1.

Deo Nandan Kumar @ Deomuni @ Dauni S/o- Sohawan Yadav 2.

Vikash Kumar son of Deo Nandan Kumar @ Deomuni @ Dauni Both residents of Karbigha (presently Railway Colony) P.S.- Fatuha DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Fatuha P.S.Case No.821 of 2023, registered for the offences punishable under Sections 341, 323, 504, 324, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the petitioners along with the other accused persons named in the FIR with a common intention tried to kill the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are the next door neighbour of the informant and due to previous enmity, a false case has been lodged against them and their family members. No injury has been alleged in the FIR. There is general and omnibus allegation against them.

Patna High Court CR. MISC. No.26331 of 2024(2) dt.01-05-2024 2/2

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

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that due to previous enmity, a false case has been lodged against the petitioners and there is general and omnibus allegation against them, the petitioners are directed to be released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City/concerned court, in connection with Fatuha P.S.Case No.821 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U