Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55735 of 2024 Arising Out of PS. Case No.-907 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Aditya Kumar Son of Subhash Sahani @ Subhash Sahni R/V- VILLAGETIKULIYA, PS.- TURKAULIYA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner and Mr. Madan Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Turkauliya P.S. Case No. 907 of 2023 registered for the offence punishable under Sections 341, 323, 325, 379, 279, 337, 338, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner along with other co-accused had dashed the motorcycle of the informant and thereafter, they snatched golden chain from the neck of the informant. Specific allegation against the petitioner is that he was accompanying co-accused Mithun Kumar and was brandishing pistol in the air.

Patna High Court CR. MISC. No.55735 of 2024(2) dt.31-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the allegation against the petitioner is not sustainable. The informant had himself dashed on the road after losing balance over the motorcycle and a false case has been lodged against the petitioner due to previous enmity. Petitioner has clean antecedent.

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

6. Considering the rival submissions made on behalf of the parties and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on prearrest 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 907 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The 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 Para3 of the bail petition, this order will automatically lose its force.

Patna High Court CR. MISC. No.55735 of 2024(2) dt.31-08-2024 3/3

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T