Hardev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80175 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.
Hardev Singh S/o- Late Manejar Singh Resident of Village- Mirjapur @ Mirzapur PS- Sonpur District- Saran 2.
Brahmdev Singh S/o- Late ManejarSingh Resident of Village- Mirjapur @ Mirzapur PS- Sonpur District- Saran 3.
Satyadev Singh @ Satdev Singh S/o- Late Manejar Singh Resident of Village- Mirjapur @ Mirzapur PS- Sonpur District- Saran 4.
Sudish Singh S/o- SurarjSingh @ Suruj singh Resident of Village- Mirjapur @ Mirzapur PS- Sonpur District- Saran 5.
Bijendra Singh S/o- Suraj Singh @ Suruj Singh Resident of VillageMirjapur @ Mirzapur PS- Sonpur District- Saran 6.
Sudish Singh @ Sudeshwar Singh S/o- LateDevnandan Singh Resident of Village- Mirjapur @ Mirzapur PS- Sonpur District- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vikash Kumar,S/O Naval Singh R/O Vill- Ramsapur,Ps-Sonepur(Pahleja O.P.) ,distt-saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Adv For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners, learned counsel for the OP.No.2 and the learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307/34of the Indian Penal Code.
3. In the FIR, altogether 12 persons have been made accused for assaulting the informant and his family members
Patna High Court CR. MISC. No.80175 of 2024(7) dt.18-06-2025 2/3 thereby causing injuries to them.
4. Learned counsel for the petitioners submits that the FIR indicates that there are three injured persons, the informant Vikash, Subhash and one Dhiraj Singh and the petitioners are concerned only the informant and Dhiraj Singh and the injury reports of these two which are enclosed with the case diary, show that they have received simple injuries. Further, there is case and counter case and the case filed by the accused no. 2 has been brought on record vide Annexure- P-2, in which the informant and others have been made an accused. It has also been submitted that the present case has been lodged after a delay of three days, inasmuch as the occurrence has taken place on 25.01.2024 whereas the matter was reported on 28.01.2024 whereupon the FIR was lodged on 30.01.2024. Further submission is that no offence under section 307 of the IPC would be made out, in view of the fact that the occurrence took place at the spur of the moment and fight took place between both the sides.
5. Learned counsel for the opposite party no. 2 and learned APP vehemently oppose the grant of anticipatory bail supports the allegation made in the FIR.
Patna High Court CR. MISC. No.80175 of 2024(7) dt.18-06-2025 3/3
6. Taking into consideration the entire facts and circumstances and also considering the fact that the petitioners have no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran, Chapra in Sonpur P.S.Case No. 83 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioners shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T