Sulekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14596 of 2025 Arising Out of PS. Case No.-127 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Sulekha Devi W/O Sikendra Yadav Resident of village- Kharat, P.S.- Sahebpur kamal, Dist.- Begusarai.

2.

Chandan Kumar S/O Sikendra Yadav Resident of village- Kharat, P.S.- Sahebpur kamal, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with S. Kamal P.S. Case No. 127 of 2024 instituted for the offences under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and 25(1-b)a, 27, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time, the accused persons, armed with weapons, came at the place of occurrence and stopped the construction work. On protest, the petitioners fired upon the informant due to which he sustained injuries. On hulla, the local people gathered and snatched the firearm from the accused persons.

Patna High Court CR. MISC. No.14596 of 2025(2) dt.28-02-2025 2/3

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners rather the specific allegation of firing is attributed to co-accused Nandu Yadav and Sikandra Yadav who have already been granted regular bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 61171 of 2024. Learned counsel further submitted that although there is allegation in the FIR that the accused persons fired upon the informant but as per injury report, no any firearm injury has been sustained by the informant.

Learned counsel further submitted that as per injury report, injuries sustained are caused by hard and blunt substance but simple in nature. Learned counsel further submitted that there is case and counter-case between the parties. It has been submitted on behalf of the petitioners that the petitioners have one criminal antecedent as per paragraph no. 4 of the supplementary affidavit.

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

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.14596 of 2025(2) dt.28-02-2025 3/3 of the case, there being no specific allegation against the petitioners, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Kamal P.S. Case No. 127 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T