Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20275 of 2024 Arising Out of PS. Case No.-386 Year-2022 Thana- DORIGANJ District- Saran ====================================================== 1.

Deepak Kumar S/O- Nagendra Rai @ Gadar Rai 2.

Aman Kumar S/O- Ram Babu Rai @ Timan Rai Both resident of Village- Jalalpur, P.S.- Doriganj, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Doriganj P.S.Case No.386 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, both the petitioners assaulted the informant with an intention to kill him, as a result, he sustained head injury.

4. Learned counsel appearing on behalf of the petitioners submitted that the informant had tried to pacify the

Patna High Court CR. MISC. No.20275 of 2024(2) dt.02-04-2024 2/3 fight between two groups, which took place between the parties, while they were attending the marriage ceremony and playing Orchestra, the petitioners, in their self-defence, might have caused some injury to the informant without any intention. Petitioners have clean antecedent.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, the petitioners in their selfdefence might have caused some injury to the informant, the petitioners are directed to be released on pre-arrest bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Saran, Chapra/concerned court, in connection with Doriganj P.S.Case No.386 of 2022, 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 petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will

Patna High Court CR. MISC. No.20275 of 2024(2) dt.02-04-2024 3/3 automatically lose its force.

(Purnendu Singh, J) chn/- U