Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8121 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- BAUNSI District- Araria ====================================================== 1.

Birendra Singh S/O Sitaram Singh R/O- Vill.- Basaiti, Ward No.- 01, P.SBousi, Dist.- Araria 2.

Sonu Jha @ Sonu Kumar Jha S/O Krripanath Jha R/O- Vill.- Basaiti, Ward No.- 01, P.S- Bousi, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 110, 324(2), 352, 351(2) and 3(5) of BNS.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant, it is next submitted that petitioner no. 1 is a senior citizen aged about 60 years. It is further submitted that petitioner no. 2 is a priest who carries Puja in the temple. It is next submitted that on 28.09.2024 while petitioner nos. 1 and 2 were going to the

Patna High Court CR. MISC. No.8121 of 2025(2) dt.06-03-2025 2/3 temple for performing Puja when the husband of the present informant, in a drunkard condition, intercepted them and assaulted them for which petitioner no. 1 instituted Bousi P.S. Case No. 226 of 2024 dated 28.09.2024. It is next submitted that thereafter the instant FIR came to be instituted on 02.10.2024 by the informant who is wife of the accused in Bousi P.S. Case No. 226 of 2024. It is next submitted that had the husband of the informant been assaulted in the manner as alleged in the FIR in that event the fardbayan of her husband would have been recorded at the hospital, but then the instant FIR has been instituted based on written complaint given by the informant who is wife of the injured which casts an aspersion on the case of the prosecution. It is also submitted that the instant FIR has been instituted by the informant by way of a counterblast to Bousi P.S. Case No. 226 of 2024.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.8121 of 2025(2) dt.06-03-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bousi P.S. Case No. 227 of 2024 subject to the conditions as laid down under Section 482 (2) of BNSS.

(Satyavrat Verma, J) Rishabh/- U T