Devendra Pratap Singh @ Daroga Singh @ Devendra Pratap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59195 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Devendra Pratap Singh @ Daroga Singh @ Devendra Pratap Son Of Raj Kishore Singh Village Pateri P S Chand District Kaimur Bhabhua 2.

Pankaj Singh @ Pankaj Kumar Singh Son Of Devendra Pratap Singh @ Daroga Singh @ Devendra Pratap Village Pateri P S Chand District Kaimur Bhabhua 3.

Shivam Singh @ Sudhir Singh Son Of Devendra Pratap Singh @ Daroga Singh @ Devendra Pratap Village Pateri P S Chand District Kaimur Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Chand P.S. Case No. 120 of 2023 dated 21.06.2023 registered for the offences punishable under Sections 341, 342, 325, 307, 504, 506 and 323 read with 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.59195 of 2023(2) dt.22-09-2023 2/3

4. As per the prosecution case, the petitioners are alleged to have assaulted the husband and son of the informant. When the informant went to rescue, the petitioner, Pankaj Singh took out his pistol from his waist and got fired in the course of snatching from each other which hit Pankaj Singh. Thereafter, the petitioner No. 1 assaulted informant's son with lathi on his back, head and nose.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner No. 3 has no criminal antecedent whereas the petitioner No. 1 and 2 are accused in one more criminal case as stated in para 3 of the bail petition. There is case and counter case between the parties. Learned counsel has further submitted that the petitioner No. 2 also sustained injury.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.59195 of 2023(2) dt.22-09-2023 3/3 concerned, Kaimur, Bhabua in connection with Chand P.S. Case No. 120 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T