Chandan Kumar @ Chandan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64594 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.
CHANDAN KUMAR @ CHANDAN KUMAR SAH Son of Dinesh Sah R/o Vill - Barahkona, P.S. - Meerganj, Distt. - Purnia 2.
Rajendra Sah Son of Late Shoukhi Sah R/o vill - Adampur, P.S. - K. Nagar, Distt. - Purnia 3.
Chandan Sah Son of Rajendra Sah R/o vill - Adampur, P.S. - K. Nagar, Distt. - Purnia 4.
Ravish Kumar Sah Son of Rajendra Sah R/o vill - Adampur, P.S. - K. Nagar, Distt. - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Bidhu Ranjan, Advocate.
For the Opposite Party/s :
Mrs.Sangeeta Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Dr. Bidhu Ranjan, learned counsel appearing on behalf of the petitioners and Mrs. Sangeeta Sharma, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with K. Nagar P.S. Case No. 193 of 2023 registered for the offence punishable under Sections 147, 341, 323, 324, 325, 354, 307, 379, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., accused persons including the present petitioners named in the F.I.R. with a common intention assaulted the informant and other
Patna High Court CR. MISC. No.64594 of 2023(2) dt.17-10-2023 2/3 persons including nine in numbers.
4. Learned counsel appearing on behalf of the petitioners submitted that general and omnibus allegation has been made against the petitioners. There is case and counter case arising out of the said incidence. Petitioners might have injured informant's side in their self defense without any intention. Petitioners have clean antecedent and specific information to that effect has been stated in Para-3 of bail application. Learned counsel further submitted that F.I.R. has been lodged after a delay of nine days as it would appear from the First Information Report which relates to the incidence occurred on 20.03.2023 and the F.I.R. was lodged by the informant on 29.03.2023, while the distance of the police station is 7 Kms from the place of occurrence. Both sides had sustained injury in the incidence and the injury sustained by the victim is simple in nature.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, 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
Patna High Court CR. MISC. No.64594 of 2023(2) dt.17-10-2023 3/3 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 Chief Judicial Magistrate, Purnia in connection with K. Nagar P.S. Case No. 193 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T