Rocky Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37475 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- DUMRAO District- Buxar ====================================================== 1.

Rocky Singh, aged about 27 years, Male 2.

Rahul Kumar Singh @ Rahul Singh, aged about 29 years, Male 3.

Rohit Kumar Singh @ Rohit Singh, aged about 32 years, Male All are Sons of Ramaji Singh R/O Purana Bhojpur, P.S- Dumraon, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Ajay Kr Singh No.1, learned counsel appearing on behalf of the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Dumraon P.S. Case No. 110 of 2024 registered for the offence(s) punishable under Sections 341, 323, 324, 307, 447/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant by means of sharp cutting weapon and also fired upon him.

4. Learned counsel appearing on behalf of the petitioners submitted that from the very allegation made in the

Patna High Court CR. MISC. No.37475 of 2024(2) dt.26-06-2024 2/2 F.I.R., it is clear that the victim has not sustained any injury and even the injury report shows that the injury has not been caused either by any sharp weapon or by any firearm, rather the same is simple in nature and caused by hard and blunt substance and, as such, the allegation cannot be sustained against these petitioners.

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

6. Considering the nature of allegation and also the fact that the injury sustained by the victim is simple in nature, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 110 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T