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Patna High CourtCR. MISC./71707/2022bail granted

Sintu Kumar @ Sittu Kumar v. The State Of Bihar

2023-04-29Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71707 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Sintu Kumar @ Sittu Kumar Son of Jalgovind Singh @ Jalgovind Rai Resident of Village- Ghoswari, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

Petitioner in the present case is seeking pre-arrest bail in connection with Bakhtiarpur P.S. Case No. 94 of 2021 registered for the offences under Sections 147, 148, 149, 341, 323, 452, 504, 427, 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner has no criminal antecedent. The informant in her written report alleged that the FIR named accused persons along with 10-15 unknown persons entered into her house on 10.05.2021 at about 09:00 P.M. in drunken condition, abused her in filthy languages and also assaulted her. It is alleged that her daughter-in-law was also assaulted and the accused persons fled away after damaging the door and window on her cry by making firing.

Learned counsel for the petitioner submits that there

Patna High Court CR. MISC. No.71707 of 2022(2) dt.29-04-2023 2/3 are general and omnibus allegations against eleven named and 10-15 unknown persons and there is no specific allegation against the petitioner.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Having regard to the facts and circumstances of the case wherein there are general and omnibus allegations against eleven named and 10-15 unknown persons, there being no specific allegation against the petitioner, this Court grants bail to the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Bakhtiarpur P.S. Case No. 94 of 2021 on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, III, Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.71707 of 2022(2) dt.29-04-2023 3/3 delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T