IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89187 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- Bariyarpur District- Muzaffarpur ====================================================== Surendar Singh @ Surendar Kumar Singh, S/o- Late Basdeo Singh, Resident of village- Baji Bujurg, PS- Bariyaarpur, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Zainul Abedin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-01-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Bariyaarpur P.S. Case No. 37 of 2024, registered for the of- fences punishable under Sections 447, 448, 307, 354(B), 506 and 34 of the Indian Penal Code. 3. Based upon the written report, the prosecution al- leged that all the FIR named accused person including the peti- tioner armed with deadly weapons barged into the house of the informant and assaulted the informant and his family members. It is specifically alleged that co-accused Bablu Singh and Ravi Ranjan Singh assaulted the informant with iron rod on his head. The petitioner and others assaulted the informant and others by Patna High Court CR. MISC. No.89187 of 2024(2) dt.08-01-2025 2/3 means of lathi. There is allegation of outraging the modesty of Ragini Kumari against co-accused persons. 4. Learned Advocate appearing on behalf of the peti- tioner contended that in fact the present case is nothing but a counterblast to Bariyarpur P.S. Case No. 42 of 2024. In fact, in the said case co-accused Bablu Kumar and others were brutally assaulted by the informant and his family members, which led to severe injury and his fard beyan was recorded in the Sadar Hospital, Muzaffarpur. However, by the time it reached to the police station, the informant has lodged this case in order to put pressure upon the petitioner and others. It is further contended that so far the specific allegation of assault is concerned, the same has been alleged against co-accused Bablu Singh and Ravi Ranjan Singh. There is omnibus allegation against the petitioner and others. Moreover, the injuries have been found to be simple in nature, as is evident from the impugned order. It is also con- tended that the learned Court while rejecting the prayer for bail of the petitioner has committed error of record in making obser- vation that the petitioner bears two criminal antecedent. There is no case pending against the petitioner. So far one compliant case filed by the informant is concerned, in which till date no cog- nizance has been taken by the learned Court below. Patna High Court CR. MISC. No.89187 of 2024(2) dt.08-01-2025 3/3 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the peti- tioner has actively participated in the crime and assaulted the in- formant and others. 6. Regard being had to the submissions made on be- half of the parties and considering the delay in lodging of the FIR, coupled with the omnibus nature of allegation and the case and counter case, as also the long standing enmity, let the peti- tioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this or- der, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XV, Muzaf- farpur in connection with Bariyarpur P.S. Case No. 37 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T