Chandan Singh @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61571 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== 1.

Chandan Singh @ Chandan Kumar S/O Lalan Singh 2.

Deepak Singh @ Deepak Kumar S/O Shree Sujeet Kumar Both are resident of Keshri Tola, P.S.- Dhangai, Dist.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2023 The petitioners seek pre-arrest bail in connection with Dhangai P.S.Case No.15/22, registered for the offences punishable under Sections 147, 148, 149, 323, 307, 341 & 379 of the Indian Penal Code.

Prosecution story, in brief, is that accused persons named in the FIR assaulted the informant, who is an Auto Driver, in front of the house of the petitioners. The learned counsel appearing on behalf of the petitioners submits that the petitioners had objected the informant not to park his auto in front of their house, as the same caused inconvenience. The parties engaged in argument and assaulted each other. Learned counsel further submits that without any intention petitioners may have caused injuries to the injured. He further submits that the

Patna High Court CR. MISC. No.61571 of 2022(6) dt.15-05-2023 2/2 injuries are simple in nature and in support of the said statement, he has brought on record the injury report, which shows simple injury (Annexure 2).

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the rival submissions made by the parties, allegations made in the FIR and the injury being simple sustained in course of fierce fight between the parties having not been caused by the petitioners with intention, the petitioners 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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Ara, Bhojpur in connection with Dhangai P.S.Case No.15/22 dated 04.03.2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U