Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66005 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== HIMANSHU KUMAR Son of Ram Chandra Thakur Resident of Village - Siriyapur, P.S.- Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

For the Informant :

Mr. Alok Ranjan, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard the parties.

2. The petitioner seeks pre-arrest bail in connection with Basopatti P.S. Case No. 105 of 2022 registered for the offence punishable under Sections 323, 341, 324, 307 and 504/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that accursed persons named in the F.I.R. including the petitioner who were variously armed with lethal weapons started making road on the land of the informant and on protest they started firing indiscriminately and during the aforesaid transaction, the informant sustained injury on knee of his right leg.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has falsely been implicated in the case. The specific allegation is against co-

Patna High Court CR. MISC. No.66005 of 2022(4) dt.17-05-2023 2/2 accused Ram Naresh Thakur whose prayer for anticipatory bail has been rejected by a co-ordinate Bench of this Court vide order dated 09.01.2023 passed in Cr. Misc. No. 49051 of 2022. The allegation against the petitioner is general and omnibus.

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

6. Considering the aforesaid facts and circumstances of the case and the fact that the specific allegation is against other co-accused and the allegation against the petitioner is general and omnibus, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Basopatti P.S. Case No. 105 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T