Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31466 of 2024 Arising Out of PS. Case No.-774 Year-2022 Thana- HILSA District- Nalanda ====================================================== Suraj Kumar Son of Yogendra Singh Resident of Village- Baradih, Police Station- Hilsa, Dist.- Nalanda ... ... Petitioner/sVersus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Chand Pandey, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-08-2024 Heard Mr. Shashi Chand Pandey, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar Pandey, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 774 of 2022, registered under Sections 342, 341, 326 and 307/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the family members of the petitioner are said to have overpowered the informant and assaulted him with sharp edged weapon.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are own gotia. As per injury report, the injury sustained by the informant is simple in nature. The petitioner has clean antecedent. Similarly situated co-accused has been granted pre-arrest bail by

Patna High Court CR. MISC. No.31466 of 2024(2) dt.09-08-2024 2/3 this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 52639 of 2023.

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

6. Considering the nature of allegation made in the F.I.R., as well as, the fact that injury sustained by the informant is simple in nature and has been caused by two co-accused persons, no specific allegation has been made that it is the petitioner who has caused sharp cut injury to the informant and similarly situated co-accused has been released on pre-arrest by this Court, let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the learned District 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 A.C.J.M., Hilsa, Nalanda in connection with Hilsa P.S. Case No. 774 of 2022, 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 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will

Patna High Court CR. MISC. No.31466 of 2024(2) dt.09-08-2024 3/3 automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U