Abhishek Yadav @ Abhishek Raj @ Abhishek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46619 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Abhishek Yadav @ Abhishek Raj @ Abhishek S/o Late Rakesh Yadav @ Late Munna Rai R/o House No. 73, Devi Sthan, Sidheshwar Nagar, Mainpura, P.S. - Patliputra, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-10-2024 Heard Mr. Dhananjay Kumar Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Amitesh Kumar, learned APP appearing on behalf of the State.
2. Petitioner seeks pre-arrest bail in connection with Patliputra P.S. Case No. 26 of 2024 registered for offences punishable under Sections 341, 323, 354, 325, 379, 307, 504, 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein, along with the petitioner and 6-7 unknown persons, had assaulted the informant, his wife and his son, as a result of which his son sustained injuries.
4. Learned counsel appearing on behalf of the petitioner submitted that specific allegation of assault is against
Patna High Court CR. MISC. No.46619 of 2024(2) dt.04-10-2024 2/3 co-accused Prince Kumar, who is said to have assaulted with butt of pistol on head of the informant's son, causing head injury to him. Allegation against other co-accused persons, including the petitioner, is to have fractured the right hand of son of the informant, however, the injury is not on the vital part of the body. General and omnibus allegation has been made against the petitioner. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of allegation, as well as, the fact that general and omnibus allegation has been made against the petitioner, who is having clean antecedent, 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 upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Patna/concerned court in connection with Patliputra P.S. Case No. 26 of 2024 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
Patna High Court CR. MISC. No.46619 of 2024(2) dt.04-10-2024 3/3 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 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Niraj/- Ashishsingh/- U T