Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6883 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.

Shankar Das S/O Late Baleshwar Das R/O Vill.- Dhobopur, Banshara,P.SHayaghat, Dist- Darbhanga 2.

Rajan Das S/O Shankar Das R/O Vill.- Dhobopur, Banshara,P.S- Hayaghat, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Kaushal Kumar, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2025 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 352 and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that all the accused persons named in the F.I.R., including these petitioners, abused and assaulted informant by means of iron rod.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, both parties are agnates. From bare perusal of F.I.R. it is apparent that specific

Patna High Court CR. MISC. No.6883 of 2025(2) dt.18-03-2025 2/3 accusation of assault is against co-accused Shambhu Das and Sikandar Das. So far as these petitioners are concerned, there is no specific accusation of assault. It is further submitted that the alleged occurrence took place on 08.08.2024, however, the present F.I.R. has been lodged after inordinate delay of 13 days on 21.08.2024 and there is no plausible explanation for the same.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned VIth Additional Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 143 of 2024, subject to condition as laid down

Patna High Court CR. MISC. No.6883 of 2025(2) dt.18-03-2025 3/3 under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T