Patna High CourtCR. MISC./60990/2024bail granted

Anand Kumar v. The State Of Bihar

2024-09-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60990 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Anand Kumar Son of Hari Yadav @ Harinarayan Yadav R/O - Belha, P.S - Laukaha, (Ladaniya O.P.), District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Laukaha (Lalmaniya) P.S. Case No. 49/2024 registered for the offence(s) punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 & 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein armed with lethal weapon had assaulted the brother of the informant, namely, Vishnudev Yadav with an intention to kill.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioner. The

Patna High Court CR. MISC. No.60990 of 2024(2) dt.11-09-2024 2/3 specific allegation against the petitioner is that he has tried to strangulate the brother of the informant and snatched a gold chain from the neck of the brother of the informant. Petitioner has no criminal antecedent.

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

6. Considering the nature of allegation made in the FIR to be general and omnibus against the petitioner and also the fact that petitioner has clean antecedent, I am of the opinion that the 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 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 S.D.J.M., Jhanjharpur, District, Madhubani in connection with Laukaha (Lalmaniya) P.S. Case No. 49/2024, 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

Patna High Court CR. MISC. No.60990 of 2024(2) dt.11-09-2024 3/3 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) chn/- U T