Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35561 of 2024 Arising Out of PS. Case No.-849 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Dheeraj Kumar, Son of Mahesh Sah (Wrongly Mentioned in F.I.R. as Ram Kumar Sah), Resident of Mohalla- Purani Gudari, Sauchalay Gali, P.S-Town, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Basant Kumar Tripathy, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-09-2024 Heard Mr. Basant Kumar Tripathy, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 849 of 2023 registered under Sections 147, 148, 149, 341, 323, 324, 153A, 120(B) and 290 of the Indian Penal Code.

3. As per the allegation made in the FIR, two groups entered into affray, as a result of international cricket match, in which Indian cricket team had won.

Patna High Court CR. MISC. No.35561 of 2024(2) dt.27-09-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the communities of both sides were assembled, where the petitioner's side was celebrating the victory of Indian cricket team and they indulged into affray. A general and omnibus allegation has been levelled 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 nature of allegation made in the FIR against the petitioner, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No.849 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. 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 pending against the petitioner, as what has been stated in

Patna High Court CR. MISC. No.35561 of 2024(2) dt.27-09-2024 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Niraj/ Ashishsingh/- U T