PATNA, India, May 29 -- Patna High Court issued the following order on May 1:

Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners apprehend their arrest for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

3. The allegations made in the first information report is against eight accused persons and 6 to 7 unknown persons that they came variously armed and the son of Binod Singh and Amit Kumar assaulted the informant indiscriminately on his head causing him injury and when his father Chulbul singh intervened in the matter, all the persons assaulted him with lathi and rod. Further allegation is that the informant's own brother, Himanshu Kumar was also assaulted by 3 to 4 unknown persons by butt of the pistol due to which he sustained injuries. When the sister of the informant, Puja Kumari rushed in his rescue, they also assaulted her. There is allegation of snatching the chain from the neck of the informant.

4. Learned counsel for the petitioners submits that it would be apparent from the perusal of the first information report that there are specific allegations of assault against one Amit Kumar and another. So far as these petitioners are concerned, the allegation against petitioner no.1 is ornamental in nature of snatching the chain, whereas the allegation against the petitioner no.2 is of giving order and pressing the throat of the informant, which has not produced any corresponding injury. Moreover, the other accused persons have already been granted privilege of anticipatory bail by the learned Court below. Injury reports of two persons, Chulbul Singh and Himanshu Kumar have been brought on record but these injuries are not attributable to the present petitioners. It is further submitted that there is case and counter case between the parties and the injury has been caused to the petitioners' side also

5. Learned APP for the State and learned counsel for the informant opposes the prayer for anticipatory bail on the ground that the injured persons have suffered serious injury.\

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioners have no criminal antecedent, I am inclined to extend the privilege of anticipatory bail to the petitioners. Let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Salimpur P.S. Case No.123 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Disclaimer: Curated by HT Syndication.