Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64579 of 2023 Arising Out of PS. Case No.-205 Year-2018 Thana- TEKARI District- Gaya ====================================================== 1.
Deepak Kumar S/O Rajnandan Yadav Residents Of Village- Mardua, P.STekari, Distt.- Gaya. 2.
Pramod Kumar @ Pramod Yadav S/O Rajnandan Yadav Residents Of Village- Mardua, P.S- Tekari, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ujjawal Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Ujjawal Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Jai Narain Thaku, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Tekari P.S. Case No.205 of 2018 dated 05.06.2018 registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Prosecution story, in brief, is that the accused petitioners named in the FIR has assaulted the father of the informant, which caused injury in his head.
4. Learned counsel appearing on behalf of the petitioners submits that specific allegation of assault is against one Rajnandan Yadav. Learned counsel submits that general and omnibus allegation has been made against the petitioners. He
Patna High Court CR. MISC. No.64579 of 2023(2) dt.17-10-2023 2/2 further submits that counter cases have been lodged by the petitioners' side and the informant's side, related to the same occurrence. Learned counsel submits that petitioners, in their selfdefence might had caused the injury, as alleged in the FIR.
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 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No.205 of 2018 dated 05.06.2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J.) Ashishsingh/- U T