Prabhakar Singh @ Doctor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35188 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- Sinha District- Bhojpur ====================================================== 1.
Prabhakar Singh @ Doctor Son of Birendra Singh Village -Kudariyan PSSinha District -Bhojpur 2.
Satyam Singh @ Satyam Tomar son of Prabhakar Singh @ Doctor Village -Kudariyan PS- Sinha District -Bhojpur ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :
For the Petitioner/s :
Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences punishable under Section 127(1), 115(2), 118 (2), 109, 303(2), 352, 351 (2) and 3(5) of the B.N.S., 2023.
3. The allegation in the first information report is that, while the informant was passing by the house of one Harendra Singh, all the accused persons including these petitioners intercepted him and petitioner no.1 assaulted him by means of iron rod on his head causing injury to him, whereas petitioner no.2 and other co-accused resorted to firing which did not hit him.
4. Learned counsel for the petitioners submits that, as a matter of fact, due to previous grudge there was a free fight between both the parties and the petitioners' side also sustained injuries for which Sinha P.S. Case No.90 of 2024 has been lodged
Patna High Court CR. MISC. No.35188 of 2025(3) dt.12-08-2025 2/2 by the side of the petitioners. The CT scan report of the informant suggests no significant abnormality in brain parenchyma as mentioned in the bail rejecting order, while petitioner no.1 has sustained serious injury on his head and the said injury report has been annexed as Annexure-P/2 to this petition. It is further submitted that the occurrence had taken place on 16.12.2024, but the F.I.R. was lodged on 18.12.2024, after a delay of two days, in spite of the fact that the police station is at a distance of five kilometers.
5. Taking into consideration the facts and circumstances of the case as well as the fact that there was a free fight between both the parties and both sides sustained injuries and further that the petitioners have no criminal antecedent, let the above named petitioners, be released on 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sinha P.S. Case No.89 of 2024, subject to the condition as laid down under Section 482
(2) of the B.N.S.S.
(Soni Shrivastava, J) Trivedi/- U T