Bharat Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58302 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.
BHARAT SINGH, aged about 26 years, Male 2.
RAM SINGH, aged about 20 years, Male Both are S/O NANDU SINGH Both are R/O VILLAGE- PARORA, PS. SAHEBPUR KAMAL, DIST. BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Amar Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Dashrath Mehta, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Sahebpur Kamal P.S. Case No. 326 of 2022 dated 29.11.2022 registered for the offence(s) punishable under Sections 341, 323, 307, 379, 447, 354(B), 504, 506, 147 and 149 of the Indian Penal Code.
3. As per allegation made in the FIR, the petitioners along with other co-accused persons assaulted the informant by means of lathi, danda and rod and they also abused and assaulted the wife of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that the informant and petitioners' side are
Patna High Court CR. MISC. No.58302 of 2023(2) dt.11-10-2023 2/2 having dispute with respect to a passage which led to the free fight, in which, petitioners may have, in their self defence, caused injuries to the informant, however, the injuries are simple in nature. In support of the submission, petitioners have brought on record the injury report by way of Annexure 3.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR as well as the nature of injuries of the informant, which 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, Begusarai in connection with Sahebpur Kamal P.S. Case No. 326 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Sanjay/- U T