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Patna High CourtCR. MISC./21786/2025bail granted

Nagendra Singh v. The State Of Bihar

2025-04-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21786 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Nagendra Singh, Aged about 74 years, Male, S/o Girvak Singh, R/o VillKishunpur Madhuban, P.S- Kudhani, Distt.- Muzaffarpur 2.

Bhola Singh @ Bhola Kunar, aged about 35 years, Male, S/o Girvak Singh R/o Vill- Kishunpur Madhuban, P.S- Kudhani, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP Fop the informant :

Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Rana Sanjay Kumar Singh, learned counsel appearing on behalf of the petitioners; Mr. Pramod Kumar Pandey, learned APP for the State and Mr. Krishna Kant Singh, learned counsel for the informant.

2. The petitioners seek pre-arrest bail in connection with Kudhani P.S. Case No. 216 of 2024 registered for the offence(s) punishable under Sections 126(2),115(2),118(1),109,303(2),352,351(2),351(3),3(5) of BNS.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners had assaulted the informant. Specific allegation of assaulting the informant by

Patna High Court CR. MISC. No.21786 of 2025(2) dt.23-04-2025 2/3 means of Farsa on his head is against co-accused Vikram Kumar, as a result of which, he sustained injury.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners and specific allegation of assaulting the informant is against co-accused Vikram Kumar, who had caused injury to the informant. Petitioners have clean antecedents.

5. Mr. Krishna Kant Singh, learned counsel appearing on behalf of the informant has vehemently opposed the prayed for grant of pre-arrest bail to the petitioners. He submitted that there is direct allegation against the petitioners that with a common intention to kill the informant, they have participated in the alleged incidence.

5. Learned APP for the State too vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find that co-accused Vikram Kumar had assaulted the informant, who sustained grievous injury on his head. Allegation against the petitioners, who are having clean

Patna High Court CR. MISC. No.21786 of 2025(2) dt.23-04-2025 3/3 antecedents, is general and omnibus. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st West Muzaffarpur in connection with Kudhani P.S. Case No. 216 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U T