Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50778 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- KHAIRA District- Saran ====================================================== Amit Kumar Son of Indrasan Sah, Resident of Village - Patedha, P.S. - Khaira, District - Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-01-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Khaira P.S.Case No.312 of 2023 registered for the offences punishable under Sections 186, 323, 353, 337, 427, 506/34 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act, 2018.

3. The First Information Report has been lodged by the Sub Inspector, Excise, Mashrakh Police Station alleging therein that the petitioner along with the other co-villagers obstructed them from discharging of their official duties and assaulted them.

4. Learned counsel appearing on behalf of the petitioner submitted that there is general and omnibus allegation against the petitioner.

Patna High Court CR. MISC. No.50778 of 2024(3) dt.22-01-2025 2/2

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

6. Having considered the rival submissions made on behalf of the parties, as well as, there is general and omnibus allegation against the petitioner, the petitioner 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, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra/concerned court, in connection with Khaira P.S.Case No.312 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner 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) chn/- U