Rajvalab Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49216 of 2022 Arising Out of PS. Case No.-265 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== 1.

Rajvalab Singh S/o Late Ram Swaroop Singh Resident of VillageMadhuban, Ward No.9, P.s.- Jankinagar, District- Purnea. 2.

Sunil Singh S/o Rajvalab Singh Resident of Village- Madhuban, Ward No.9, P.s.- Jankinagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Sinha, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Jankinagar P.S. Case No. 265 of 2021 instituted under Sections 341, 323, 147, 148, 149, 324, 307, 504 and 506 of the Indian Penal Code.

As per the prosecution story, the allegation is that the named accused came and assaulted the informant with the intention to kill as a result whereof, he suffered head injury. They further assaulted his father as also some others from the informant's side. Later, when the villagers came, they escaped. Learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.49216 of 2022(2) dt.09-01-2023 2/3 allegation against all of them is/are of assault and similar placed named co-accuseds have since been granted the privilege of anticipatory bail vide Cr. Misc. No. 20754 of 2022 on 1.11.2022. It is further submitted that they do not have criminal antecedent and considering the allegation of assault and subsequent treatment, the petitioners on their own without accepting the allegation are ready to pay Rs. 20,000/- to the informant as treatment cost through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credential.

Learned APP on the other hand opposes the prayer for bail.

Taking into account the fact that omnibus allegation of assault is on the accused persons, the similarly placed named co-accused have been granted the relief, as stated above by a coordinate bench of this Court, both of them do not carry criminal antecedent, this Court is inclined to grant them relief subject to payment of Rs. 20,000/-, as stated above. Let the petitioners be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing

Patna High Court CR. MISC. No.49216 of 2022(2) dt.09-01-2023 3/3 bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Jankinagar P.S. Case No. 265 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Ajay Singh/- U T