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Patna High CourtCR. MISC./13486/2025bail granted

Bhim Singh v. The State Of Bihar

2025-04-02Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13486 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Bhim Singh S/o- Sarvjeet Singh Resident of villlage- Sarna PS- Sahpur District-Bhojpur 2.

Satyadeo Singh @ Sahdeo Singh S/o- Sarvjeet Singh Resident of villlageSarna PS- Sahpur District-Bhojpur 3.

Karan Singh S/o- Om Prakash Singh Resident of villlage- Sarna PS- Sahpur District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Sahpur P.S. Case No. 348 of 2024 dated 04.11.2024, instituted for the offence punishable under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3(5) of the B.N.S. Act, 2023.

3. The allegation against petitioner no. 1 namely, Bhim Singh is that, he assaulted with dab on the head of informant and the allegation against petitioner no. 2 namely, Satyadeo Singh is that, he and co-accused Nakul assaulted the brother of informant namely, Ranjan Kumar with dab and iron rod.

Patna High Court CR. MISC. No.13486 of 2025(2) dt.02-04-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is a specific allegation against Bhim Singh (petitioner no. 1) who assaulted with dab on the head of informant. There is a case and counter case between the parties. Counter case bearing Sahpur P.S. Case No. 349 of 2024 has been lodged by petitioner no. 3 against the informant and others. There is no specific allegation against petitioner no. 3 rather the same is general and omnibus in nature. It is submitted that injuries of the injured persons are simple in nature. Lastly, it has been submitted that the petitioner no. 1 has two criminal cases against him, petitioner no. 2 has three criminal cases against him and petitioner no. 3 has four criminal cases against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sahpur P.S. Case No. 348 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.13486 of 2025(2) dt.02-04-2025 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1st,, Bhojpur at Ara subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) sankalp/- U T