Daroga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58119 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- KANKARBAG District- Patna ====================================================== 1.

Daroga Rai Son of Yogendra Rai Resident of Behind Navratanpur Temple, Near House of Mahendra Sharma, Ward Councillor, Kankarbagh, P.S. - Kankarbagh, District - Patna. 800001 2.

Satish Kumar @ Chhatish Kumar Son Of Daroga Rai Resident of Behind Navratanpur Temple, Near House of Mahendra Sharma, Ward Councillor, Kankarbagh, P.S. - Kankarbagh, District - Patna. 800001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 349 of the Indian Penal Code.

3. The prosecution casein brief is that on the alleged date and time of occurrence, petitioners assaulted the informant and his father by means of iron rod due to which informant's father sustained head injury and informant received a cut on his left shoulder and also snatched Rs. 30,000/- and a gold chain from the informant's father.

Patna High Court CR. MISC. No.58119 of 2024(2) dt.18-09-2024 2/3

4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between the parties. As per F.I.R., two persons are alleged to have assaulted but doctor has found only one injury on the injuries which itself falsifies the whole prosecution case. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, only one injury sustained by the informant's father, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners are allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Patna, in connection with Kankarbagh P.S. Case No. 226 of 2024, subject to condition as laid down under Section

Patna High Court CR. MISC. No.58119 of 2024(2) dt.18-09-2024 3/3 438(2) of the Code of Criminal Procedure.

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