Deelip Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22614 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Deelip Prasad S/o Late Ramjee Mahto R/o Vill.- Makanpur, P.S. - Noorsarai, Distt.- Nalanda.

2.

Sanjeev Kumar S/o Deelip Kumar R/o Vill.- Makanpur, P.S. - Noorsarai, Distt.- Nalanda.

3.

Raghubir Kumar S/o Deelip Kumar R/o Vill.- Makanpur, P.S. - Noorsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Noorsarai P.S. Case No.373 of 2024 under Sections 127(1), 127(2), 117(2), 118(2), 109 and 3(5) of the BNS, 2023.

3. As per the prosecution, the FIR has been lodged against 5 named accused persons including the petitioners against whom there is allegation that all accused persons in connivance with each other, have called the victim at his house and brutally assaulted due to which he has been admitted to

Patna High Court CR. MISC. No.22614 of 2025(3) dt.02-07-2025 2/3 hospital.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the daughter of the petitioners is traceless and for that petitioner No.1 has filed criminal case. The information with regard to the criminal case is annexed by way of a supplementary affidavit in the bail petition.

5. Counsel also submits that antecedent of the petitioners is clean and petitioners are basically victim in this case.

6. Learned APP for the State opposes the prayer for bail and submits that the FIR of missing of daughter of the petitioner No.1, has been filed in the year 2025 bearing Noorsarai P.S. Case No.239 of 2025.

7. Counsel further submits that the present FIR has been filed against petitioners in which they are seeking bail, is of the year 2024 bearing Noorsarai P.S. Case No.373 of 2024.

8. Counsel further submits that case diary has been called for and from the case diary, the independent witnesses have supported the case of the informant and injury on the neck of the victim, is also serious in nature.

9. In the present facts and circumstances, it transpires

Patna High Court CR. MISC. No.22614 of 2025(3) dt.02-07-2025 3/3 to this Court that the present FIR for assault on victim is of the year 2024 and FIR for missing of her daughter was lodged in the year 2025. As such, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.

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