Patna High CourtCR. MISC./54310/2024bail granted

Chandan Swarnkar v. The State Of Bihar

2024-10-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54310 of 2024 Arising Out of PS. Case No.-389 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Chandan Swarnkar, Male, aged about 40 years, Son of Ratan Swarnkar R/VVILLAGE- RAMPUR, WARD NO. 10, P.S.- MURLIGANJ, DISTT.- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2024 Heard Mr. Gopal Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Murliganj P.S. Case No. 389 of 2021 registered for the offence(s) punishable under Sections 147, 148, 149, 341, 342, 323, 452, 436, 307, 379, 427, 504 and 506 of the Indian Penal Code.

3. The prosecution case in brief is that F.I.R. is against 500 unknown accused persons and 60 persons, who have been named in the F.I.R. including the petitioner, for the alleged occurrence of looted away a Glamour motorcycle and other house hold articles from the house of the informant and forcing

Patna High Court CR. MISC. No.54310 of 2024(2) dt.18-10-2024 2/3 the informant to leave the village.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case due to village politics. He further submitted that general and omnibus allegation has been levelled against the petitioner. Similarly placed co-accused Md. Sahid @ Md. Sahid Hussain @ Shahid Hussain has already been granted pre-arrest bail by this Court, as contained in Annexure I. Petitioner has clean antecedent.

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

6. Considering the nature of allegation being general and omnibus against the petitioner, 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 Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 389 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the

Patna High Court CR. MISC. No.54310 of 2024(2) dt.18-10-2024 3/3 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) Sanjay/- U T