Navin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54275 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- DHARHARA District- Munger ====================================================== 1.
Navin Yadav son of Narayan Yadav 2.
DHARMVEER KUMAR @ DHARMVEER YADAV, aged about 26 years, Male, SON OF NARAYAN YADAV Both are resident of VILLAGE- AURA BAGICHA, PS- DHARAHRA, DIST- MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suman Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 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 Accordingly, the present petition is dismissed as withdrawn with respect to petitioner no.1.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. Suman Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
4. The petitioner no.2 seeks pre-arrest bail in connection with Dharahara P.S. Case No. 32/2024 registered for the offence(s) punishable under Sections 341, 323, 324, 354(A)
Patna High Court CR. MISC. No.54275 of 2024(2) dt.28-08-2024 2/3 (D), 307, 506/34 of the Indian Penal Code.
5. As per the allegation made in the FIR, all the accused persons teased and used to make obscene comment upon the informant and on account of protest made by the maternal uncle of the informant, all the accused persons including the petitioner had assaulted the material uncle of the informant. Later on, the accused persons came to the house of the informant and assaulted her relatives, as a result of which, they sustained injuries.
6. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and there is no specific overt act against the petitioner and the allegation against the petitioner is general and omnibus.
7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
8. Having considered the rival submissions made on behalf of the parties, as well as, from bare perusal of the FIR, it appears that all the accused persons had assaulted the maternal uncle of the informant and the allegation being not specific against the petitioner no.2 that he is the one who had assaulted the informant, the petitioner no.2, above named, is directed to be released on pre-arrest bail, in the event of his arrest or
Patna High Court CR. MISC. No.54275 of 2024(2) dt.28-08-2024 3/3 surrender before the Court below 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 J.M. 1st Class, Munger in connection with Dharahara P.S. Case No. 32/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. The bail application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T