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Patna High CourtCR. MISC./51940/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-08-28Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51940 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sonu Kumar, Male, aged about 25 yrs., Son of Abhimanyu Yadav @ Mannu Yadav @ Abhimanyu Kumar Yadav, Resident of Vill- Shankarpur Milky, P.S.- Muffasil, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Anshuman, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 Heard Mr. Deep Anshuman, learned counsel appearing on behalf of the petitioners and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No. 14/2023 registered for the offence(s) punishable under Sections 341, 323, 307, 325, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioner threatened the informant to withdraw the criminal case lodged against them and on refusal, they all started firing and assaulted the informant, her son and husband.

Patna High Court CR. MISC. No.51940 of 2024(2) dt.28-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that from the very perusal of the FIR, it would appear that no specific allegation has been alleged against the petitioner that he is the one who had assaulted the informant or any of her family members. Allegation is general and omnibus. Petitioner has one criminal antecedent and the said criminal case has been lodged by the informant and in the said case, petitioner is on 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, as well as, the fact that in course of investigation, charge-sheet has been submitted against one Sanni Kumar and investigation with respect to petitioner is going on, however, the allegation against the petitioner being general and omnibus in nature, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, 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/- (Rupees Ten

Patna High Court CR. MISC. No.51940 of 2024(2) dt.28-08-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrat-II, Munger in connection with Muffasil P.S. Case No. 14/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T