Raju Mian @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40059 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.

Raju Mian @ Raju Son of Sakoor Mian Resident of Village-Satgama, P.S and District -Jamui 2.

Samsher @ Samshe Alam @ Md. Shamsher Alam Son of Md. Salauddin Resident of Village-Satgama, P.S and District -Jamui 3.

Md. Sabir Son of Md. Rahman @ Batoran Resident of Village-Satgama, P.S and District -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-07-2024 Heard Mr. Prabhat Ranjan Singh, learned counsel appearing on behalf of the petitioners and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Jamui P.S. Case No. 184 of 2024, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 188, 153(A), 295(A), 337, 338 and 504 of the Indian Penal Code.

3. As per the allegation made in the FIR, the two community had entered into brick fight and FIR was lodged against 32 named accused including the petitioners.

Patna High Court CR. MISC. No.40059 of 2024(2) dt.03-07-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submits that there is general and omnibus allegation against the petitioner, however, the crime has to be deprecated, which fragment the social fabric of the nation. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation against the petitioners being general and omnibus in nature and petitioners have stated in paragraph no. 3 that petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui, in

Patna High Court CR. MISC. No.40059 of 2024(2) dt.03-07-2024 3/3 connection with Jamui P.S. Case No. 184 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T