Ganga Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5019 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- SIRARI District- Sheikhpura ====================================================== Ganga Singh S/o Late Chando Singh R/o Village- Kaithawan, P.S.- Sirari, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP For the Informant :

Mr. Om Prakash Maharaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Sirari P.S. Case No. 81 of 2024 instituted for the offences under Sections 127(1), 115(2), 109, 351(2), 3(5) of the BNS.

3. Prosecution case, in short, is that all the accused persons including the petitioner assaulted the informant due to which he sustained injuries. It is further alleged that this petitioner assaulted on the head of the informant by iron rod.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.5019 of 2025(3) dt.28-04-2025 2/3 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The only allegation against the petitioner is that he assaulted on the head of the informant by means of iron rod. Learned counsel further submitted that there is no repetition of blow of the iron rod on the informant's head, and therefore, Section 109 of the BNS is not attracted. There is case and counter-case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 24.04.2025 passed in Cr. Misc. No. 22093 of 2025.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that there is specific allegation against the petitioner of assaulting the informant on his head by means of iron rod which is supported by the injury report.

6. Considering the aforesaid facts and circumstances of the case, there being case and counter-case between the parties as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.5019 of 2025(3) dt.28-04-2025 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirari P.S. Case No. 81 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T