Satish Kumar @ Satish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76289 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Satish Kumar @ Satish Kumar Singh S/o Nageshwar Singh R/o vill - Mehiyan (Mehian), P.S. - Chapra Mufassil), Distt. - Saran at Chapra 2.
Nirjula Devi @ Mridula Ratan W/o Satish Kumar @ Satish Kumar Singh R/o vill - Mehiyan (Mehian), P.S. - Chapra Mufassil), Distt. - Saran at Chapra 3.
Kiran Kumari D/o Nageshwar Singh R/o vill - Mehiyan (Mehian), P.S. - Chapra Mufassil), Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 341, 323, 332, 333, 353, 504, 506, 34 of the Indian Penal Code.
3. The allegations in the First Information Report is that when the informant who was on patrolling duty, reached the place of occurrence upon receiving a call, he found two parties in a scuffle with each other and when Police intervened and tried to pacify them, the members of the second party started
Patna High Court CR. MISC. No.76289 of 2024(2) dt.05-05-2025 2/3 abusing the Police team and also assaulted them due to which the informant and two chaukidhar got injured.
4. Learned counsel for the petitioners submits that allegations in the First Information Report are not correct and as a matter of fact, the case arises out of land dispute between the agnates, who were having a scuffle with each other. When the petitioners protested against their agnates of abusing them, the other side called the Police who supported them for wrong reasons. It has further been submitted by learned counsel for the petitioners that two complaints were filed against the informant of the case and also the agnates with whom they were having a fight, on 18.04.2024 and 24.04.2024, which are annexed as Annexure-P-2 and Annexure-P-3 to this petition. Both these complaints were filed on behalf of the family members of the petitioners to bring on record the excesses committed by the Police and also the other accused persons.
The attention of the Court has been drawn further to the injury reports of the informant and other two injured persons which would go to show that the Doctor has not found any external injury on the persons, however, an opinion has been given that the injuries are simple in nature, which has no basis.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.76289 of 2024(2) dt.05-05-2025 3/3 anticipatory bail application.
6. Taking into consideration the fact that no injury has been caused to anyone in the entire transaction and there is case in counter case and while petitioner Nos.1 and 2 have no criminal antecedent and the petitioner No.3 is an accused in only one case, in which he is on bail, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Mufassil P.S. Case No.213 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioners shall co-operate in the investigation/trial.
(Soni Shrivastava, J) sharun/- U T