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Patna High CourtCR. MISC./9665/2025bail granted

Veera Kumar @ Veera Kumar Sah v. The State Of Bihar

2025-05-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9665 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Veera Kumar @ Veera Kumar Sah (Male) Aged about 37 years, Son of Bishundeo Sah.

2.

Manish Kumar (Male) Aged about 24 years, Son of Gajadhar Sah 3.

Anita Devi, Female, Aged about 29 years, Wife of Veera Sah 4.

Gajadhar Sah, (Male) Aged about 66 years, Son of Late Bachu Sah. 5.

Lalu Sah, (Male) Aged about 28 years, Son of Lalan Sah. 6.

Bipin Sah, (Male) Aged about 24 years, Son of Lalan Sah. 7.

Budhani Devi (Female) Aged about 41 years, Wife of Lalan Sah. 8.

Ruby Devi (Female) Aged about 39 years, Wife of Ranjit Sah. All Residents of Village- Jurawanpur, Karari, Ward No. 17, P.S. Jurawanpur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Mr. Ramesh Kumar Choudhary, learned counsel appearing on behalf of the petitioners and Mr. Ram Naresh Ray, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Jurawanpur P.S. Case No. 128 of 2024, registered for the offence punishable under Sections 190, 191(3), 191(i), 115, 118, 74, 303, 109, 351, 352 of the BNS and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.9665 of 2025(3) dt.12-05-2025 2/3

3. As per the allegation made in the FIR, petitioners along with other accused persons, had assaulted the informant and his family members by means of several deadly weapons. Specific allegation is against co-accused Ranjit Sah that he had opened fire upon the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. No specific allegation of overt act has been levelled against the petitioners. There is case and counter case between the parties arising out of the same incidence. Petitioners and informant are co-villager. Due to land dispute, an altercation took place between the parties and in course of the same, the petitioners may have caused injury to the informant party in their self defence, without intention. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that there is case and counter case between the parties. No specific allegation of overt act has been levelled against the petitioners. Due to land dispute, an

Patna High Court CR. MISC. No.9665 of 2025(3) dt.12-05-2025 3/3 altercation took place between the parties and in course of the same, the petitioners may have caused injury to the informant party in their self defence, without intention. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, in connection with Jurawanpur P.S. Case No. 128 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T