Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44261 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

RANJAN KUMAR, Male, aged about 24 years 2.

SONU KUMAR, Male, aged about 26 years, Both Sons OF KUNDAN SINGH, Both are Residents OF VILLAGE - MAFI, P.O. - WARISALIGANJ, P.S. - WARISALIGANJ, DISTRICT - NAWADA (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Adarsh, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 At the outset, learned counsel appearing on behalf of the petitioners submits that petitioner no.1 has been arrested and, as such, he seeks to withdraw the present petition with respect to petitioner no.1.

2. Accordingly, the present petition is dismissed as withdrawn with respect to petitioner no.1.

3. Heard Mr. Adarsh, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

4. The petitioner no.2 seeks pre-arrest bail in connection with Warisaliganj P.S. Case No. 87/2024 registered for the offence(s) punishable under Sections 341, 342, 308, 323,

Patna High Court CR. MISC. No.44261 of 2024(2) dt.24-07-2024 2/3 325, 109, 506/34 of the Indian Penal Code.

5. As per the allegation made in the FIR, the accused persons named therein including the petitioner had assaulted the informant. Specific allegation against the petitioner is of assaulting the informant by means of lathi causing injury to him.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in the present case. Learned counsel further submitted that general and omnibus allegation has been alleged against the petitioner no.2 and no specific allegation of assault on any part of body of the informant has been alleged against the petitioner no.2.

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

8. Considering the nature of allegation made in the FIR, I am of the opinion that petitioner no.2 has, prima facie, made out a case to be released on pre-arrest bail.

9. The petitioner no.2, Sonu Kumar, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.44261 of 2024(2) dt.24-07-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.-7, Nawada in connection with Warisaliganj P.S. Case No. 87/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

10. The court below is directed to verify the criminal antecedent of the petitioner no.2 and if it is found that the petitioner no.2 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