PATNA, India, June 10 -- Patna High Court issued the following order on May 12:
Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 399 of 2024 registered for the offences punishable under Sections 341, 323, 307, 385, 504 and 506/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 37 of the Arms Act.
3. Allegedly, while the informant was going to high school on his bike, in the meanwhile, all the FIR named accused persons including the petitioner intercepted him and asked a ransom of Rs.1 lac. When it was protested by the informant, all the accused persons mercilessly assaulted him. The informant narrated the entire occurrence to his parents, whereupon his parents went to the house of co-accused Sahil Kumar S/o Badri Rai and disclosed his parents about the occurrence. On being enraged by this fact, all the FIR named accused persons including the petitioner armed with weapons entered into the house of the informant and assaulted him, in the meanwhile, the nearby people assembled there and caught Sahil Kumar S/o Badri Rai from whose possession a country made pistol was recovered. However, other accused persons succeeded in fleeing away.
4. Learned counsel for the petitioner contended that the name of the petitioner has been implicated with omnibus nature of allegation and no specific overt act has been attributed. So far the occurrence which took place on 25.06.2024 is concerned, this is the admitted fact that only Sahil Kumar S/o Badri Rai was apprehended by the local people and the name of the petitioner has not been disclosed as to whether he has actively participated in the crime. Further submission has been made that the petitioner is a boy of tender age and on account of some rivalry between the students, the occurrence took place. In the entire episode, there is no specific allegation of any overt act. Moreover, the petitioner is a man of fair antecedent and now he undertakes that he will fully cooperate in the investigation and the proceedings of the Court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the tender age of the petitioner, coupled with his fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 J.M. 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 399 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
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