Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14924 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- TEYAR District- Bhojpur ====================================================== 1.

Nagendra Singh Son of Kamlesh Singh Resident of Village - Andharibag, Police Station - Tiyar, District - Bhojpur at Ara 2.

Nippu Singh Son of Sri Singh Resident of Village - Andharibag, Police Station - Tiyar, District - Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard the parties.

2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Tiyar P.S. Case No. 90 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of BNS.

3. The allegation against petitioners is to assault informant and others alongwith co-accused persons, where assault alleged to be caused with intention to cause their death. Occurrence is alleged to be arising out of land disputes.

Patna High Court CR. MISC. No.14924 of 2025(2) dt.02-04-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioners that during the occurrence informant/injured received single injury that to upon medical examination found simple in nature. It is submitted that from the allegation and the manner in which the assault was made prima-facie it is not a case punishable under Section 109 of BNS. It is submitted that from the nature of injury it can be safely gathered that same was not likely to cause death of injured. While concluding arguments, it is submitted that both petitioners said to be involved in one more criminal case, where the present occurrence is alleged to be arising out of land dispute.

5. Learned APP, opposed the prayer of bail.

6. In view of aforesaid facts and submission and by taking note of nature of injuries which upon medical examination found simple, where the allegation of assault is appearing very much general and omnibus qua petitioners, accordingly both above-named petitioners, in

Patna High Court CR. MISC. No.14924 of 2025(2) dt.02-04-2025 3/3 the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM IX, Bhojpur at Ara /concerned Court, where the case is pending in connection with Tiyar P.S. Case No. 90 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T