Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75599 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Munna Kumar, Gender-Male, Aged about-25 years, Son of Satyanarayan Kumar, Resident of Village- Parsaunikapoor, Police Station- Patahi, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Anant Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Patahi P.S. Case No. 151 of 2022 registered for the offence punishable under Sections 147, 149, 341, 323, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the FIR, altogether ten accused persons named in the FIR including the petitioner, with a common intention had tried to kill the informant. Specific allegation of assault is against Ravi Kishan and Guddu Kumar, who had tried to outrage the modesty of the daughter-in-law of the informant.
Patna High Court CR. MISC. No.75599 of 2023(2) dt.29-11-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that specific allegation of assault and outraging the modesty of the daughter-in-law of the informant is against Ravi Kishan and Guddu Kumar respectively. Allegation against the petitioner is general and omnibus in nature. Petitioner has clean antecedent. Petitioner deserves to be released on pre-arrest bail considering the fact that the said Guddu Kumar has been released on pre-arrest bail by a coordinate Bench of this Court vide order dated 11.05.2023 passed in Criminal Miscellaneous No. 6445 of 2023.
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, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Patahi P.S. Case No. 151 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.75599 of 2023(2) dt.29-11-2023 3/3
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T