Badri Das @ Sunil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7287 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- Mufassil District- Purnia ====================================================== Badri Das @ Sunil Das, aged about 61 years (Male), S/o- Late Moti Das, R/oChandi Katwa, Ward No. 15, P.S.- Muffasil, District-Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 186 of 2024 dated 30.09.2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 76, 303(2), 329(4), 351(2) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, on 19.09.2024 in the night, the petitioner is alleged to have entered the house of the informant and when her husband tried to catch him, the petitioner attacked her husband with arms, due to which, he received severe injuries. It is further alleged that the co-accused Pawan Das assaulted on the hand of the informant and also

Patna High Court CR. MISC. No.7287 of 2025(2) dt.04-03-2025 2/3 caught her hair. Thereafter, the accused persons fled away. It is further alleged that Neelam Devi, the wife of the petitioner, pressed her neck and also snatched her silver chain from her neck. Thereafter, the husband of the informant was brought to the J.M.C.H., Purnea, for his treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged occurrence took place on 19.09.2024 as to when the F.I.R. has been lodged on 30.09.2024 and the delay in lodging of the F.I.R. has not been explained by the prosecution. It is further submitted that from perusal of the F.I.R., it appears that there is no repetition of blow on the informant's husband. The doctor has examined the petitioner and has found three injuries, out of three injuries, injury nos. 1 and 3 are simple in nature and the injury no. 2 is grievous in nature caused by sharp substance which is on nonvital part of the body of the injured i.e., on the elbow, annexed as Annexure-P/2 to the present bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 24.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.7287 of 2025(2) dt.04-03-2025 3/3

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Muffasil P.S. Case No. 186 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T