Rajdev Singh @ Rajdeo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71295 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== 1.
Rajdev Singh @ Rajdeo Singh, Son of Parikshan Singh, R/o villageShahbajpur Puraina P.S. - Harilochanpur (Patepur) Dist - Vaishali 2.
Manjeet Kumar @ Manjeet, Son of Raj Kishor Singh @ Raj Kishor, R/o village- Shahbajpur Puraina P.S. - Harilochanpur (Patepur) Dist - Vaishali 3.
Raj Kishor Singh @ Raj Kishor son of Parikashan singh village- Shahbajpur Puraina P.S. - Harilochanpur (Patepur) Dist - Vaishali 4.
Randhir Kumar, son of Rajdev Singh @ Rajdeo Singh, R/o villageShahbajpur Puraina P.S. - Harilochanpur (Patepur) Dist - Vaishali 5.
Shila Devi @ Sheela Devi, Son of Raj Kishor Singh @ Raj Kishor, R/o village- Shahbajpur Puraina P.S. - Harilochanpur (Patepur) Dist - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP For the Informant :
Mr. Harshit Griyaghey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-12-2024 Heard Mr. Rajesh Kumar, learned counsel for the petitioners, Mr. Harendra Prasad, learned APP for the State and Mr. Harshit Griyaghey, learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Harilochanpur (Patepur) P.S. Case No. 169 of 2024 dated 14.06.2024 registered for the offences punishable under sections 341, 326, 379, 504, 506 and 307 read with section 34 of the Indian Penal Code.
3. The main submissions advanced by learned
Patna High Court CR. MISC. No.71295 of 2024(3) dt.18-12-2024 2/3 counsel appearing for the petitioners are that the instant matter relates to a free fight in which both the sides sustained injuries and from petitioners' side, five persons sustained injuries whose injury reports have been filed as Annexure- P/3 series and there is case and counter case in between both the parties, who are agnates. It is further submitted that altogether eight persons including the petitioners have been made accused in this case but against them, there is no specific allegation and the grievous injury found on the injured Kaushalya Devi is not specifically attributed to any of the petitioners and the petitioners have fair and clean antecedent.
4. On the contrary, learned counsel appearing for the informant submits that the petitioners were aggressor and they brutally assaulted the prosecution party and one injured, namely, Kaushalya Devi, an old age lady, sustained grievous injury on vital part of her body.
5. Learned APP appearing for the State has also opposed the bail prayer of the petitioners.
6. Considering the facts and circumstances of this case as well as above submissions and mainly the petitioners' plea as to a free fight having taken place in between both the parties which gets support from the injuries of both the sides
Patna High Court CR. MISC. No.71295 of 2024(3) dt.18-12-2024 3/3 and in this regard, the injury reports of the injured who belong to the petitioners' side have also been filed with this petition, and also, taking into account the fair and clean antecedent of the petitioners, this Court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Harilochanpur (Patepur) P.S. Case No. 169 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T