Fagu Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13739 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- Chakki District- Buxar ====================================================== 1.
Fagu Bin S/o Lalan Bin @ Lalan Chaudhary Resident of village - Bhariyar, P.S.- Chakki, Distt.- Buxar 2.
Santu Bin S/o Lalan Bin @ Lalan Chaudhary Resident of village - Bhariyar, P.S.- Chakki, Distt.- Buxar 3.
Manoj Bin S/o Brij Bin Resident of village - Bhariyar, P.S.- Chakki, Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta, Adv.
For the Opposite Party/s :
Mr.Shilendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-05-2025 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection with Chakki P.S. Case No. 11 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2) and (3) of the BNS, 2023 and thereafter Section 103 of BNS was added.
3. As per prosecution case, Mundrika Bin, the father of the informant, was taking rest beneath a banyan tree. Meanwhile, the accused persons named in the FIR came there and started abusing him. Co-accused Lalan Bin assaulted him with a lathi, due to which, he became unconscious. The accused
Patna High Court CR. MISC. No.13739 of 2025(3) dt.09-05-2025 2/3 persons threatened those present there not to intervene. Mundrika Bin died during the course of treatment.
4. Learned Counsel for the petitioners has submitted that the allegation of assaulting the deceased is against coaccused Lallan Bin and not against the present petitioners. In the F.I.R., it has specifically been mentioned that Lallan Bin assaulted the deceased. The allegation against the petitioners is that they threatened the family members of the informant not to intervene. He has further submitted that the witnesses have categorically stated that an altercation was going on between the deceased and Lallan Bin, and it was Lallan Bin who assaulted the deceased, as a result of which, the deceased sustained injury and succumbed to it.
5. From perusal of the FIR and the materials collected during investigation, it shows that the petitioners are not the assailants. They are the persons of clean antecedents and are under custody since 30.11.2024.
6. Considering the above-mentioned facts and circumstances, let the petitioners above-named, are directed to furnish bail bond and on doing so, the court below shall release the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.13739 of 2025(3) dt.09-05-2025 3/3 of learned Chief Judicial Magistrate, Buxar in connection with Chakki P.S. Case No. 11 of 2024, subject to the following conditions that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T