Patna High CourtCR. MISC./25041/2023bail granted

Anil Kumar v. The State Of Bihar

2023-07-07Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25041 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- KONCH District- Gaya ====================================================== Anil Kumar Son of Surendra Kumar Yadav @ Surendra Prasad Resident of Villagae- Nehora Tola, Pathak Bigha, PS-Kanch, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar,Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Santosh Chandra Bhaskar, learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Konch P.S.Case No.122/2022, registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the accused persons named in the FIR assaulted the informant, who was installing Boring Machine in his field, and the informant and two other persons from the informant side sustained injury. Petitioner is named in the FIR.

4. The learned counsel appearing on behalf of the petitioner submits that the petitioner at best can be held to be

Patna High Court CR. MISC. No.25041 of 2023(2) dt.07-07-2023 2/2 member of mob and there is general and omnibus allegation against all the co-accused persons (8 in number). They have assaulted by means of bricks and stones and the injuries sustained by the victim are simple 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 being general and omnibus, the petitioner 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned II CJM, Gaya District Gaya in connection with Konch P.S.Case No.122/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U