Bijadhar Singh @ Bijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32989 of 2024 Arising Out of PS. Case No.-725 Year-2023 Thana- GARKHA District- Saran ====================================================== 1.

Bijadhar Singh @ Bijendra Singh Son of Late Ram Lakhan Singh Resident of village - Fatanpur, P.S.- Garkha, District - Saran. 2.

Sonu Kumar Singh @ Sonu Kumar Son of Bhuneshwar Singh Resident of village - Fatanpur, P.S.- Garkha, District - Saran. 3.

Rahul Kumar Singh @ Rahul Kumar Son of Bhuneshwar Singh Resident of village - Fatanpur, P.S.- Garkha, District - Saran. 4.

Bhuneshwar Singh Son of Bijadhar Singh @ Bijendra Singh Resident of village - Fatanpur, P.S.- Garkha, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Garkha PS case no. 725 of 2023, disclosing offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 07.12.2023 during the marriage ceremony, petitioners tried to snatch bag containing ornaments from Barat

Patna High Court CR. MISC. No.32989 of 2024(2) dt.27-05-2024 2/3 party. Thereafter, petitioner no. 3 along with co-accused Vishal Kr. Singh assaulted the informant by iron rod, due to which, the informant sustained injury and when his uncle Chhotelal Singh tried to save him, petitioner no. 4 assaulted him, as a result of which, he also sustained injury.

4.

Learned Counsel for the petitioners submits that there is no allegation of assault or any overt act against petitioner no. 1. As far as petitioner no. 2 is concerned, he tried to snatch ornaments from Barat party and the allegation against petitioners no. 3 and 4 is that they assaulted the informant and his uncle by means of iron rod but the injuries caused to them are simple in nature. The scuffle took place between the parties during marriage ceremony and petitioners are the co-villagers. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation as also the fact that injury caused to the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.32989 of 2024(2) dt.27-05-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4th, Saran at Chapra in connection with Garkha PS case no. 725 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T