Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70171 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- BALIYA District- Begusarai ====================================================== 1.
PAWAN KUMAR, aged about 32 years, Male, S/O SHYAM SUNDER SINGH 2.
SUMOD SINGH, aged about 38 years, S/O RAMPHAL SINGH 3.
MUKESH KUMAR, aged about 42 years, S/O RAM SUNDRA SINGH @ SHYAM SUNDER SINGH All R/O VILLAGE- SADANANDPUR, P.S- BALLIA, DISTT.- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Manoj Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. (Dr.) Ajeet Kumar learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Ballia P.S. Case No. 163 of 2023 dated 20.06.2023 registered for the offence(s) punishable under Sections 147, 148, 504, 506, 354, 307, 379, 323 and 324 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the
Patna High Court CR. MISC. No.70171 of 2023(2) dt.01-11-2023 2/3 accused persons, named in the FIR, assaulted the informant and his family members and one co-accused Ankit Singh snatched a golden chain of his daughter-in-law.
4. Learned counsel appearing on behalf of the petitioners submits that general and omnibus allegation has been made in the FIR. It is further submitted that there is case and counter case and both the parties have enmity due to land dispute. It is lastly submitted that the petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation and also the fact that petitioners have clean antecedents and no specific allegation of assault is against the petitioners and the allegation being general and omnibus, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.70171 of 2023(2) dt.01-11-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 163 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T