Sarwjeet Kumar @ Sarwjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77697 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Sarwjeet Kumar @ Sarwjeet Singh S/o Shivjee Singh R/o village- Suara, P.S.- Dehri Nagar, District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Dehri Town P.S. Case No.175 of 2019 registered under Sections 341, 342, 323, 325, 307, 387/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that there is no truth behind the allegation made in the FIR. As a mater of fact, the petitioner had booked his car for servicing at the service centre of the informant on 17.03.2019. When he went to the service centre at the scheduled time on 19.03.2019, the informant denied to render service to the petitioner's car upon which a minor altercation and scuffle took place in which both sides had sustained simple injury. However, the petitioner did not institute any case against the informant but the informant got

Patna High Court CR. MISC. No.77697 of 2019(8) dt.22-01-2021 2/2 the instant case instituted under Section 307 of the Indian Penal Code. He contended that the injury report which was subsequently received by the police would also show that the injuries sustained by the informant were simple in nature. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. He stated that merely because the injuries were found simple, the petitioner would not be entitled to be released on pre-arrest bail. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail, in the event of his arrest or surrender, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri Town P.S. Case No.175 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T