Kamla Singh @ Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1497 of 2024 Arising Out of PS. Case No.-194 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== 1.

Kamla Singh @ Kamlesh Prasad S/O Jaynandan Singh. R/O -Village Raybagh Fatwah, P.S. - Didarganj, District, Patna 2.

Karan Kumar @ Bangali Singh S/O Ramashish Singh R/O -Village Raybagh Fatwah, P.S. - Didarganj, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak, Advocate.

For the Opposite Party/s :

Mr.Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Heard Mr. Sunil Kumar Pathak, learned counsel appearing on behalf of the petitioners and Mr. Bharat Lal, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Didarganj P.S. Case No. 194 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 354A, 379, 427, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the informant had gone to participate in the shradh ceremony of his sister when the petitioners and other accused persons named in the F.I.R. had indulged into fierce fight and in the said incidence, the informant was injured.

4. Learned counsel appearing on behalf of the petitioners submitted that the injury sustained by the victim is

Patna High Court CR. MISC. No.1497 of 2024(2) dt.31-01-2024 2/2 simple in nature and the same has been caused without any intention. The injury is not on the vital part of the body. The doctor has opined the injury to be simple in nature.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made in the F.I.R., as well as, the fact that from perusal of the impugned order, it appears that the injury is not on the vital part of the body and the same has been caused due to fierce fight during shradh ceremony which was without any intention to kill, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City in connection with Didarganj P.S. Case No. 194 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T