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Patna High CourtCR. MISC./1743/2023bail granted

Rahul Kumar Singh @ Rahul Singh v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1743 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

RAHUL KUMAR SINGH @ RAHUL SINGH Son of Mangkeswar Singh R/V- Ahirauliya, PS- Chiraiya Dist- East Champaran 2.

Rajan Singh @ Rajan Kumar Son of Mangkeswar Singh R/V- Ahirauliya, PS- Chiraiya Dist- East Champaran 3.

Ritesh Singh @ Ritesh Kumar Son of Mangkeswar Singh R/V- Ahirauliya, PS- Chiraiya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D. R. Sinha, Advocate :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 325, 307, 447, 379, 504, 506 and 34 of the Indian Penal Code. The prosecution case, in brief, is that the grandson of the informant Gaurav Kumar was playing cricket at his Darwaja. Quarrel took place between the children. At about 9 PM, all the accused persons including petitioners arrived at the informant's door and started beating his son Abhimanyu Singh. Magkeshwar Singh gave iron rod blow on the head of Abhimanyu due to which he sustained head injury and after that Rahul Singh (petitioner no. 1) broke his left arm by giving lathi

Patna High Court CR. MISC. No.1743 of 2023(2) dt.08-05-2023 2/2 blow.

Learned counsel for the petitioners submits that due to quarrel between children of two groups over playing cricket, three persons sustained injuries. The allegation against the petitioner is general and omnibus in nature. Specific allegation is against other accused persons. Similarly situated co-accused person, namely, Rajeev Ranjan Singh has been granted bail by the Co-ordinate Bench of this Court passed in Cr. Misc. No. 75152 of 2022.

Learned APP for the State vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., East Champaran, Motihari in connection with Chiraiya P.S. Case No. 332 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T