Kundan Kumar @ Kundan Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Kundan Kumar @ Kundan Paswan Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Application for pre-arrest bail allowed: both petitioners to be released on pre-arrest bail upon arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 7th, Bhojpur at Ara, subject to Section 438(2) Cr.P.C. conditions, and subject to automatic lapse of the order if criminal antecedents other than those stated in paragraph 3 of the bail application are verified by the Court below.

Issue for consideration

Whether the petitioners are entitled to be released on pre-arrest (anticipatory) bail in connection with Ara Muffasil P.S. Case No. 206 of 2023 dated 14.05.2023.

Court's answer

Considering that the nature of allegation made in the FIR against the petitioners is general and omnibus, that the specific allegation of assault is against co-accused Arvind Paswan, Rakesh Paswan and Umakant Paswan, and that some of the co-accused have been granted pre-arrest bail by a co-ordinate Bench of this Court, the Court holds that the petitioners have prima facie made out a case to be released on pre-arrest bail.

Ratio / Principle

Both petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., 7th, Bhojpur at Ara, in connection with Ara Muffasil P.S. Case No. 206 of 2023 dated 14.05.2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Key takeaways

Conditional safeguard attached to the grant: the Court below is directed to verify the criminal antecedents of the petitioners as stated in paragraph no. 3 of the bail application, and if any other case is pending against the petitioners beyond what was stated there, this order will lose its force automatically.ratio¶25

Detailed headnote1 paragraphs

PRE-ARREST BAIL GRANTED — High Court of Judicature at Patna (Hon'ble Mr. Justice Purnendu Singh, oral order dated 24-01-2024), CRIMINAL MISCELLANEOUS No.1102 of 2024, arising out of Ara Mufassil P.S. Case No. 206 of 2023 dated 14.05.2023, District Bhojpur, registered under Sections 341, 323, 324, 325, 326, 379, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR alleged that the petitioners, along with the accused persons named therein, had assaulted the informant and his family members. Counsel for the petitioners submitted that the allegation levelled against them was general and omnibus, with direct allegation of assault against co-accused Arvind Paswan, Rakesh Paswan and Umakant Paswan, some of whom had already been granted pre-arrest bail by a co-ordinate Bench of the Court. Finding that the petitioners had prima facie made out a case, the Court directed that petitioners Kundan Kumar @ Kundan Paswan and Dharamveer Ram @ Bhuvar Paswan be released on pre-arrest bail in the event of arrest or surrender within four weeks, on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., 7th, Bhojpur at Ara, subject to the condition laid down under Section 438(2) of the Cr.P.C.; the Court below was additionally directed to verify the petitioners' criminal antecedents as stated in paragraph no. 3 of the bail application, failing which — if any other case is pending against them — the order will lose its force automatically.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1102 of 2024

Arising Out of PS. Case No.-206 Year-2023 Thana- ARA MUFFSIL District- Bhojpur

======================================================

1. Kundan Kumar @ Kundan Paswan, aged 18(M), Son Of Hari Charan Paswan @ Hari Charan Paswan.

Dharamveer Ram @ Bhuvar Paswan @ Bhuvar, aged 45(M), Son Of Shivmuni Ram @ Shivmuni Paswan, Both are resident Of Village - Jagwaliya, P.S. - Ara Mufassil, District - Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 24-01-2024

Heard Mr. Manoj Kumar, learned counsel

appearing on behalf of the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek pre-arrest bail in connection with Ara Muffasil P.S. Case No. 206 of 2023 dated 14.05.2023 registered for the offence punishable under Sections 341, 323, 324, 325, 326, 379, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the allegation made in the FIR, the petitioners along with the accused persons named therein had assaulted the informant and his family members.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.1102 of 2024(2) dt.24-01-2024 2/3

petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioner. Direct allegation of assault is against co-accused Arvind Paswan, Rakesh Paswan and Umakant Paswan. Petitioner no. 1 has two criminal antecedent and petitioner no.2 has clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

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

Considering the nature of allegation made in the FIR to be general and omnibus against the petitioners and specific allegation of assault is against co-accused Arvind Paswan, Rakesh Paswan and Umakant Paswan and some of them have been granted pre-arrest bail by a co-ordinate Bench of this Court. I am of the opinion that petitioners have, prima facie , made out a case to be released on pre-arrest bail.

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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.1102 of 2024(2) dt.24-01-2024 3/3

amount each to the satisfaction of learned A.C.J.M., 7^th Bhojpur at Ara, in connection with Ara Muffasil P.S. Case No. 206 of 2023 dated 14.05.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

Niraj/-

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