Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80341 of 2024 Arising Out of PS. Case No.-369 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Guddu Kumar S/o Arun Yadav @ Arun Singh R/o Village- Hardasbigha, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-12-2024 Heard Mr. Raj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Khusrupur P. S. Case No. 369 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, two groups of persons were engaged in fierce fight and several weapons were recovered from the place of occurrence. FIR has been lodged by the Police Officer.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been implicated in the case due to village politics. The

Patna High Court CR. MISC. No.80341 of 2024(2) dt.20-12-2024 2/3 allegation levelled against the petitioner is not specific rather general and omnibus. The alleged recovery of the arms was made from the place of occurrence and not from the possession of the petitioner. The petitioner only happens to be member of the mob.

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

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation made in the FIR, it appears that the petitioner was only member of the mob, the petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned court below within a period of six 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 Pratima Kumari, Judicial Magistrate, Ist Class, Patna City /concerned court, in connection with Khusrupur P.S.Case No.369 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.80341 of 2024(2) dt.20-12-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T