Jalendra Singh @ Pintu Singh @ Jainendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69247 of 2023 Arising Out of PS. Case No.-360 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== 1.

Jalendra Singh @ Pintu Singh @ Jainendra Kumar S/O- Late Suryandeo Singh Village- Khaira Ps- Naubtapur Dist- Patna 2.

Ajay Kumar @ Mantu Singh Son Of Late Suryadeo Singh Village- Khaira Ps- Naubtapur Dist- Patna ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Chaitanya Krishna, Advocate For the Opposite Party :

Mr.Ajay Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 279, 338, 447, 504, 506, 307/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, petitioner no.1 dashed his motorcycle causing fracture injury in the right leg of the informant's son. On protest, both petitioners made firing at the door of the informant.

4. It is submitted on behalf of the petitioners that unfortunately informant sustained injures due to accident which was not premeditated. Instant case is counter blast of Complaint Case No. 678/2023 which has also been lodged by the petitioner

Patna High Court CR. MISC. No.69247 of 2023(4) dt.29-02-2024 2/2 against the informant and others. As a matter of fact, it was an unfortunate accident when son of the informant was at fault who came running towards the bike. Allegation of firing is exaggeration as neither empty cartridge was recovered from the spot nor anybody sustained fire arms injury.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Additional Chief Judicial Magistrate VI, Danapur in Naubatpur Police Station Case No. 360 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T