Patna High CourtCR. MISC./39122/2024bail granted

Sujeet Kumar v. The State Of Bihar

2024-09-20Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39122 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Sujeet Kumar, Male, aged about 21 Years, S/O Moti Ray, R/O VillageRatanpura, P.S. Bhagwanpur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-09-2024 Heard Mr. Rajeev Ranjan No. II, learned counsel appearing on behalf of the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhagwanpur P.S. Case No. 234 of 2023 registered for the offence(s) punishable under Sections 341, 323, 379, 307 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioner had assaulted the informant with a common intention to kill, causing him head injury.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case due to previous enmity with

Patna High Court CR. MISC. No.39122 of 2024(2) dt.20-09-2024 2/3 the informant. There is case and counter case between the parties. General and omnibus allegation has been levelled against the petitioner. Petitioner has clean antecedent. Similarly situated co-accused persons have been granted bail by this Court vide order dated 02.04.2024 passed in Cr. Misc. No.20568 of 2024 and order dated 02.08.2024 passed in Cr. Misc. No.28840 of 2024.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that a general and omnibus allegation has been levelled against the petitioner, the petitioner, above named, is directed to be released on pre-arrest 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 234 of 2023, subject to the conditions 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 and if it is found that the

Patna High Court CR. MISC. No.39122 of 2024(2) dt.20-09-2024 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T