Saurav Kumar Sinha @ Vikash Kumar Sinha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35603 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================
1. Saurav Kumar Sinha @ Vikash Kumar Sinha, Son of Ravi Ranjan Verma,
2. Prem Prakash Verma @ Pappu Lal, Son of Nanhe Lal @ Shyama Kant Verma,
3. Pankaj Kumar Sinha, Son of Nanhe Lal @ Shyama Kant Verma, All are resident of Village Bara Kharauni, P.S.- Bihiya District- Bhojpur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek pre-arrest bail in connection with Bihiya P.S. Case No. 77/2017 registered under Sections 143, 323, 307, 379 and 504 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that though on completion of investigation the police did not find the case true under Section 307 of the Indian Penal Code, differing with the police report, learned Magistrate took cognizance of the offence under Section 307 of the Indian Penal Code also. It is further submitted that there are series of litigations
Patna High Court Cr.Misc. No.35603 of 2018 (2) dt.29-06-2018 2/2 between the parties both on criminal and civil side. In civil side, Title Suits Nos. 33 of 2017, 96 of 2017, 180 of 2017 and 98 of 2017 going on between the parties has resulted in regular free fight between the parties due to which both sides take the shelter of criminal law by filing case against each other. It is further submitted that the petitioner nos. 1 and 3 are students studying I.Sc. and B.Sc respectively whereas petitioner no. 2 is a teacher. Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners.
Considering the submissions made above as also the injury report of the informant which shows that he has sustained simple injury caused by hard and blunt substance, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M Vth, Bhojpur Ara in Bihiya P.S. Case No. 77/2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.