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2025 DAILYLAW 8552 (PAT)

Gourab Kumar @ Sumit Kumar v. The State of Bihar

CR. MISC./1801/2025 · 2025-02-11

Prabhat Kumar Singh

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1801 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1. Gourab Kumar @ Sumit Kumar S/O Ramadhar Singh R/O Village- Jagpura, P.S- Makhdumpur, Distt.- Jehanabad. 2. Ramadhar Singh S/O Late Kapil Singh R/O Village- Jagpura, P.S- Makhdumpur, Distt.- Jehanabad. 3. Usha Devi W/O Ramadhar Singh R/O Village- Jagpura, P.S- Makhdumpur, Distt.- Jehanabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Chandra, Advocate For the Opposite Party/s : Mr. Pranav Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-02-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 115( 2 ), 126(2), 118(1), 117(2). 109, 74, 303(2), 351 ( 2 ), 351 (3) and 3(5) of BNS. 3 . As per the prosecution case , petitioner No. 1 assaulted informant with butt of pistol and petitioner No. 2 assaulted with iron rod and so far as petitioner No. 3 is concerned, there is general and omnibus allegation against him and no specific overt act is alleged against him. Doctor has found one of the injuries caused by petitioner Nos. 1 and 2 Patna High Court CR. MISC. No.1801 of 2025(2) dt.11-02-2025 2/2 grievous in nature . 4. Considering the fact that there is specific allegation of overt act against petitioner Nos. 1 and 2 and doctor has found one of the injuries caused by petitioner Nos. 1 and 2 grievous in nature , their prayer for pre – arrest bail is hereby rejected. 5 . Considering the fact that allegation against petitioner No. 3 is general and omnibus and no specific overt act is alleged against her and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner No. 3 as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM – I Jehanabad in connection with Makhdumpur P.S. case No. 428 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 . Koushik/- (Prabhat Kumar Singh, J) U T