Chandra Bhan Yadav @ Bhan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32605 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- KINJAR District- Jehanabad ====================================================== Chandra Bhan Yadav @ Bhan Mukhiya, aged about 50 years (Male), Son of Sri Madho Singh @ Madho Yadav, Resident of Village Ibrahimpur Kamaria Bigha, P.S. Kinjer, District Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Advocate For the Opposite Party/s :
Ms. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard Mr. Vinay Mistry, learned counsel appearing on behalf of the petitioner and Ms. Asha Devi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kinjar P.S. Case No. 111 of 2023, registered for the offence punishable under Sections 147, 148, 149, 341, 332, 323, 324, 307 and 353 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner along with 15-20 unknown accused persons had attacked the police force, while they were performing their official duty, due to which, informant, who is a police officer along with other police officials, had sustained injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32605 of 2024(3) dt.18-09-2024 2/3 petitioner submitted that the petitioner is a social activist and he has found that the police force has totally failed to implement the prohibition of liquor in the State of Bihar and for the said reason, the informant, who is a police officer, has roped the petitioner on frivolous allegation that he has caused hindrance to the police force in discharging their official duty. Though the petitioner was not present on the spot. General and omnibus allegation has been levelled against the petitioner. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation being general and omnibus, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal, in connection with Kinjar P.S. Case No. 111 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the
Patna High Court CR. MISC. No.32605 of 2024(3) dt.18-09-2024 3/3 criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T