Kishan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5545 of 2025 Arising Out of PS. Case No.-411 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.
Kishan Ram Son of Binod Ram Resident of Village - Nagar, P.S. - Madhubani, District - Madhubani 2.
Vishal Ram Son of Binod Ram Resident of Village - Nagar, P.S. - Madhubani, District - Madhubani 3.
Binod Ram Son of Buniya Ram Resident of Village - Nagar, P.S. - Madhubani, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the State :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Nagar P.S. Case No.-411 of 2024, dated 21.09.2024 registered for the offences punishable under Sections 115(2), 126(2), 352, 351(2), 308(2), 3(5) of the B.N.S., 2023.
3. As per allegation, on account of dispute relating to membership of Indrapuja Utsav, altercation took place having injury on both the sides.
4. Ld. counsel for the petitioners submits that the
Patna High Court CR. MISC. No.5545 of 2025(2) dt.15-02-2025 2/3 Petitioners are innocent and has falsely been implicated in this case. He further submits that case and counter case have been filed by both of them and counter case filed by the petitioner is Nagar P.S. Case No. 412 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner no. 1 has six criminal antecedents, whereas petitioner nos. 2 and 3 have three and five criminal antecedents respectively.
7. Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the case and counter case and injury on both the sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. C.J.M., Madhubani, in connection with Nagar PS. Case No.- 411 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.5545 of 2025(2) dt.15-02-2025 3/3 laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) shoaib/- U T