Patna High CourtCR. MISC./57739/2024bail granted

Amit Kumar Singh v. The State Of Bihar

2024-09-04Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57739 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- BELHAR District- Banka ====================================================== Amit Kumar Singh, aged about 30 years, Male, S/o Vijay Kumar Singh @ Vinay Singh R/O GORAKHDIAH, PS-KHESHAR, DIST- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Manish Mohan, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard Mr. Thakur Manish Mohan, learned counsel appearing on behalf of the petitioners and Mr. .Ram Sevak Choudhary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Belhar P.S. Case No. 108 of 2024 registered for the offence(s) punishable under Sections 341, 323, 354, 325, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons 10 in numbers, including the petitioner assaulted the informant and her family members by trespassing the house and had committed theft.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent having no criminal antecedent. He further submitted that allegation against

Patna High Court CR. MISC. No.57739 of 2024(2) dt.04-09-2024 2/3 the petitioner is general and omnibus and specific allegation of assault is against co-accused Rahul Yadav, Chandan Yadav, Ritesh Yadav and Madan Mandal. Petitioner at best can be considered to be a member of the mob.

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 and also the fact that the allegation against the petitioner is general and omnibus being a member of the mob, I am of the opinion that petitioner has, 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 learned District Court 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 Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 108 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. 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

Patna High Court CR. MISC. No.57739 of 2024(2) dt.04-09-2024 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T