Kari Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16427 of 2026 Arising Out of PS. Case No.-97 Year-2025 Thana- Mabby District- Darbhanga ====================================================== Kari Das Son of Bilash Das, R/o Village - Shishodih, P.S. - Mabbi(Sadar), Dist. - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad, Advocate For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Mabbi (Sadar) P.S. Case No. 97 of 2025, dated 26.07.2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS.

3. There is allegation of assault by the accused persons against the informant and his family member.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, the petitioner and the informant's side are agnates and on account of land dispute, altercation took place in which both sides got injuries and case and counter case has been filed. The counter case filed

Patna High Court CR. MISC. No.16427 of 2026(2) dt.25-03-2026 2/3 by the petitioner's side is Mabbi (Sadar) P.S. Case No. 101 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 303(2), 352, 351(2) and 3(5) of the BNS.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the case and counter case and injury on both sides, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mabbi (Sadar) P.S. Case No. 97 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.16427 of 2026(2) dt.25-03-2026 3/3 below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T