Abhay Yadav @ Abhay Kumar @ Kamalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55731 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.
Abhay Yadav @ Abhay Kumar @ Kamalu Son of Rajesh Yadav R/o VillageBhalui Dayaram, Ward No.6, P.S.- Kateya, District- Gopalganj 2.
Aman Yadav @ Aman Kumar Son of Rajesh Yadav R/o Village- Bhalui Dayaram, Ward No.6, P.S.- Kateya, District- Gopalganj 3.
Rajesh Yadav Son of Ram Chhabila Yadav R/o Village- Bhalui Dayaram, Ward No.6, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra, Advocate.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Vyas Kumar Mishra, learned counsel appearing on behalf of the petitioners and Mr. Abhay Kumar Roy, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Kateya P.S. Case No. 77 of 2024 registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., while the informant was returning after attending a marriage ceremony, some of the Barati members in inebriated condition started shouting which was objected by the informant, upon which, the
Patna High Court CR. MISC. No.55731 of 2024(2) dt.31-08-2024 2/3 petitioners along with other co-accused and some other local members assaulted the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation against the petitioners that they are the one who had assaulted the informant with knife on his neck and other parts of the body rather from perusal of the F.I.R., it would appear that the persons who had camouflaged their face had assaulted the informant with knife. The petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation to be general and omnibus against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 77 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.55731 of 2024(2) dt.31-08-2024 3/3
7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T