Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55133 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.

DINESH SINGH S/O LATE BISHESHWAR SINGH @ BITTU SINGH R/O VILLAGE- KONE BAJITPUR, P.S.- KARPURIGRAM, DIST.- SAMASTIPUR.

2.

RUPESH KUMAR S/O DINESH SINGH R/O VILLAGE- KONE BAJITPUR, P.S.- KARPURIGRAM, DIST.- SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341 , 323 , 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Pappu Kumar and petitioner no. 1 assaulted the informant with lathi and iron rod on account of which he sustained multiple injuries. It is further alleged that petitioner No. 2 is only alleged to have snatched Rs. 20,000/- cash from the pocket of the informant.

4. It is submitted by learned counsel for the petitioners that there is no overt act is alleged against the petitioner No . 2

Patna High Court CR. MISC. No.55133 of 2023(2) dt.23-08-2023 2/2 and allegation of snatching cash is ornamental in nature. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the bail petition and submits that injury caused by petitioner No.1 is found to be grievous in nature.

6. Considering the fact that injury caused by petitioner No. 1 is grievous in nature , prayer for pre-arrest bail of petitioner No. 1 is rejected.

6. Considering the fact that there is no overt act is alleged against the petitioner No . 2 and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No. 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Karpurigram P.S. case no. 30 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T