Vipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 57602 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.
Vipul Kumar S/o Dhirendra Yadav @ Sujindra Yadav. 2.
Suman Yadav @ Suman Kumar S/o Dhirendra Yadav Both R/o Vill - Thawaie, P.S. - Rafiganj, Distt. - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. Petitioners seeks pre-arrest bail in connection with Rafiganj P.S. Case No.108 of 2024, registered for the offences punishable under Sections 341, 323, 504, 506, 307 and 354/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegations made in the FIR, the petitioners along with other co-accused assaulted the informant and her son and daughter-in-law with an intention to kill them. The FIR is against ten accused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No. 57602 of 2024(2) dt.04-09-2024 2/3 petitioners submitted that the informant herself has alleged that her son tried to quell the disturbance and in the same course, all the accused persons assaulted him and his wife, who sustained head injuries, but the injuries are simple in nature and there is no repetition of the assault.
5. Learned APP for the State has 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, the allegation against the petitioners being general and omnibus and the injuries being simple in nature, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth, Aurangabad or C.J.M., Aurangabad (Bihar)/concerned court, in connection with Rafiganj P.S. Case No.108 of 2024 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 petitioners and if it is found that the petitioners are involved in some other cases as what has been
Patna High Court CR. MISC. No. 57602 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) chn/- U T