Dilip Singh @ Dilip Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40032 of 2023 Arising Out of PS. Case No.-46 Year-2022 Thana- AAYAR District- Bhojpur ====================================================== 1.
Dilip Singh @ Dilip Kumar Singh Son of Late Prithavi Nath Singh Resident of Village and Police Station - Ayar, District - Bhojpur. 2.
Shashi Bhushan Singh @ Shashi Bhushan Son of Dilip Singh @ Dilip Kumar Singh Resident of Village and Police Station - Ayar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikramdeo Singh, Advocate For the State :
Mr. Dilip Kumar No. 1, APP.
For the Informant :
Mr. Amit Kumar, Advocate Mr. Ravindra Kumar Ravi, Advocate Mr. Hira Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Vikramdeo Singh, learned counsel appearing on behalf of the petitioners; Mr. Dilip Kumar No. 1, learned APP appearing on behalf of the State and Mr. Amit Kumar, learned counsel along with Mr. Ravindra Kumar Ravi, learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in connection with Ayar P.S. Case No. 46 of 2022 registered under Sections 341, 323, 308 and 504/34 of the Indian Penal Code.
3. The prosecution story, in brief, is that the informant and petitioners are agnate and they are having strained relationship. On the eventful date, both the parties involved in spat and in course of the same, the parties engaged in fierce
Patna High Court CR. MISC. No.40032 of 2023(2) dt.28-07-2023 2/3 fight and both the parties sustained injuries. There is case and counter case between the parties.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. Both the parties entered into fierce fight and they sustained injuries. The petitioners might have caused injury to the informant's side in their self-defence which was not intentional. The injuries sustained by the informant's side are simple in nature. The petitioners have clean antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the nature of allegation made in the F.I.R. and the fact that the parties having strained relationship and the enmity between the parties led to fierce fight in which petitioners might have caused injury in course of self defense without any intention, the petitioners, above named, are directed to be released on anticipatory 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
Patna High Court CR. MISC. No.40032 of 2023(2) dt.28-07-2023 3/3 satisfaction of learned A.C.J.M-VII, Ara, Bhojpur in connection with Ayar P.S. Case No. 46 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Mantreshwar/- minu/- U T