Piyush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35883 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- PANDARAK District- Patna ====================================================== Piyush Kumar son of Rajendra Singh @ Rastrapati Singh R/o - Village- Purbi Pandarak, P.S.- Pandarak, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-06-2024
1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Pandarak P.S. Case No. 102 of 2023 registered under Sections 147, 148, 149, 341, 323, 353, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. According to the case of prosecution, it is alleged that petitioner along with other 22-25 persons assaulted the complainant and also fired upon him. On the basis of information made by the Chawkidar Amirak Yadav, FIR has been registered.
4. It is submitted on behalf of the learned counsel for the petitioner is that from perusal of the FIR itself shows that no prima facie case is made out against the petitioner. The entire
Patna High Court CR. MISC. No.35883 of 2024(2) dt.10-06-2024 2/2 allegations made in the FIR is against the mob. There is no specific allegation against the petitioner.
5. Learned APP opposes the prayer of the petitioner. However, he fairly admitted the fact that no specific allegation made against the petitioner in the first information report.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-I, Barh, Patna in connection with Pandarak P.S. Case No. 102 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Singh Chandel , J) shailendra/- U T