Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1134 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- HALAI District- Samastipur ====================================================== 1.
Deepak Kumar S/o Ram Prahalad Rai R/o Village- Maricha, Ward No. 08, P.S.- Halai, District- Samastipur 2.
Prem Kumar S/o Prahalad Rai R/o Village- Maricha, Ward No. 08, P.S.- Halai, District- Samastipur 3.
Pintu Kumar S/o Ram Prahalad Rai R/o Village- Maricha, Ward No. 08, P.S.- Halai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sudha, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Ms. Sudha, learned counsel appearing on behalf of the petitioners and Mr. Pranav Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Halai P.S. Case No. 07/2024 registered for the offence(s) punishable under Sections 147, 149, 447, 341, 323, 379, 307, 504, 506, 354/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have brutally assaulted the informant and his family members. Specific allegation of assaulting the informant with iron rod on his back
Patna High Court CR. MISC. No.1134 of 2025(2) dt.05-02-2025 2/3 has been made against Deepak Kumar (petitioner no.1).
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that petitioners and informant are agnates and for trivial issue, they indulged in fierce fight and in the self-defence, petitioners may have caused some injury on the person of the informant.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against petitioner no.1, I am not inclined to grant pre-arrest bail to the petitioner no.1.
7. However, the petitioner no.1, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court is directed to consider the bail application of the petitioner no.1 on the same day and pass necessary order on the basis of material which has come in course of investigation without delay.
8. So far petitioners no.2 and 3, above named, are concerned, they are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court below within a period of four weeks from today,
Patna High Court CR. MISC. No.1134 of 2025(2) dt.05-02-2025 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Samastipur in connection with Halai P.S. Case No. 07/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. The bail application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T