Praphul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30261 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Praphul Kumar S/O Vijendra Singh Resident Of Village- Nawada, PsChautham, Dist.- Khagaria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Jai Kishor Poddar, learned counsel appearing on behalf of the petitioner and Mr. Ramesh Chandra, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Chautham P.S. Case No. 351 of 2024 registered under Sections 190, 191(1), 126(2), 127(2), 115(2), 118(1), 109, 132, 131, 121(1), 121(2), 324(4), 324(5), 352, 351(2), 351(3) of BNS.
3. As per the allegation made in the FIR, altogether 45 accused persons including the petitioner and 40-50 unnamed persons had obstructed the police, who were performing their duty and had also assaulted them.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.30261 of 2025(2) dt.15-05-2025 2/3 falsely been implicated in the present case. A general and omnibus allegation has been leveled against the petitioner. The petitioner has clean antecedent. On these grounds, the 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. Considering the allegation made in FIR, as well as, the fact that a general and omnibus allegation has been leveled against the petitioner and the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court 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 Judicial Magistrate - Ist Class, Khagaria in connection with Chautham P.S. Case No. 351 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is
Patna High Court CR. MISC. No.30261 of 2025(2) dt.15-05-2025 3/3 pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T