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Patna High CourtCR. MISC./75013/2023disposed

Saurab Kumar @ Saurabh Kumar v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75013 of 2023 Arising Out of PS. Case No.-575 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== 1.

Saurab Kumar @ Saurabh Kumar S/O- Brajesh Singh Village- Kathar PsSherghati Dist- Gaya 2.

Gaurav Kumar son of Brajesh Singh Village- Kathar Ps- Sherghati DistGaya 3.

Damodar Singh son of Blesh singh Village- Kathar Ps- Sherghati Dist- Gaya 4.

Balesh Singh son of Late Kedar Singh Village- Kathar Ps- Sherghati DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 At the outset, learned counsel for the petitioners submits that petitioner no. 4 namely Balesh Singh has been arrested and as such, he seeks permission to withdraw this petition, so far as petitioner no. 4 is concerned.

2. Accordingly, in respect of petitioner no. 4, this petition is dismissed as withdrawn.

3. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 307, 379, 506/34 of the Indian Penal Code.

4. As per the prosecution case, petitioner no. 1 & 2 are alleged to have assaulted with sickle, on account of which, hand of Baijnath Singh got injured.

Patna High Court CR. MISC. No.75013 of 2023(2) dt.29-11-2023 2/2

5. It is submitted on behalf of petitioners that the injury caused by petitioner no. 1 & 2 to Baijnath Singh are simple in nature. It is further submitted that there is no specific allegation of overt act against petitioner no. 3. There is case and counter case. Both parties are own pattidars. Petitioners claim clean antecedent.

6. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed prayer for anticipatory bail.

7. Considering the aforesaid facts and circumstances, let the petitioner no. 1, 2 & 3 namely Saurab Kumar, Gaurav Kumar and Damodar Singh, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati at Gaya in connection with Sherghati P.S. Case No. 575 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T