Suresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22399 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- Lakho District- Begusarai ====================================================== 1.

Suresh Singh Son of Late Kesho Singh Resident of Village- Manjhlapur, P.S.- Lakho, District- Begusarai 2.

Sadan Kumar Son of Suresh Singh Resident of Village- Manjhlapur, P.S.- Lakho, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23536 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- Lakho District- Begusarai ====================================================== Kamli Devi W/o Shambhu Kumar R/o Village- Manjhlapur, P.S.- Lakho, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 22399 of 2025) For the Petitioner/s :

Mr.Sauravh Singh For the Opposite Party/s :

Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 23536 of 2025) For the Petitioner/s :

Mr.Sauravh Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned Counsel for the petitioners of both cases and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioners of both cases, who apprehend their arrest in connection with Lakho P.S.

Patna High Court CR. MISC. No.22399 of 2025(3) dt.02-07-2025 2/3 Case No.106 of 2024 lodged on 04.08.2024, for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 308(3), 352, 351(2)/ 3(5) of the BNS, 2023.

3. As per the prosecution, FIR has been lodged against 6 named accused persons including the present petitioners of both cases against whom there is allegation that they have assaulted the informant's side with a view to kill for the purpose of recovery of litigant cost.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that the informant and petitioner's side are agnates and due to collection of cost of litigation, the dispute has arisen.

5. Counsel further submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., Lakho P.S. Case No.106 of 2024 (present case) and petitioners have lodged case i.e., Lakho P.S. Case No.105 of 2024.

6. Counsel further submits that by virtue of scuffling took place at the place of occurrence, both parties have suffered injury and petitioner No.1 of 1st case (Cr. Misc. No.22399 of 2025) is aged about 75 years and petitioner No.2 is son of petitioner No.1 whereas petitioner of 2nd case (Cr. Misc. No.23536 of 2025) is wife of petitioner No.1 of 1st case. He

Patna High Court CR. MISC. No.22399 of 2025(3) dt.02-07-2025 3/3 further submits that none of the parties are criminal, but at the spur of moment and being agnates, certain controversies exist between the families in which injury caused from both sides.

7. Counsel further submits that the criminal antecedent of the petitioners of both cases, is not clean as there is one criminal case pending against them in which they are on bail.

8. Learned APP for the State opposes the prayer for bail of the petitioners and fairly submits that from the pleading, it transpires that both parties are agnates.

9. As such, in the present facts and circumstances of this case, let the above named petitioners of both cases, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Begusarai in connection with Lakho P.S. Case No.106 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T