Sheo Prasann Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20559 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.

Sheo Prasann Singh S/O Late Rikhimuni Singh Resident of Village - Sundarpur, P.S - Sandesh, Dist.- Bhojpur 2.

Mantosh Singh S/O Sheo Prasann Singh Resident of Village - Sundarpur, P.S - Sandesh, Dist.- Bhojpur 3.

Kiran Devi W/O Mantosh Singh Resident of Village - Sundarpur, P.S - Sandesh, Dist.- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. After short argument, learned counsel appearing for the petitioners seeks permission to withdraw this application qua petitioner no. 2 namely, Mantosh Kumar.

3. Request allowed.

4. Accordingly, this application stands dismissed as withdrawn only with regard to petitioner no. 2 namely, Mantosh Kumar.

5. Now, this petition survives only with regard to petitioner no. 1 namely, Sheo Prasann Singh and petitioner no. 3, namely, Kiran Devi.

Patna High Court CR. MISC. No.20559 of 2025(2) dt.23-04-2025 2/3

6. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Sandesh P.S. Case No. 169 of 2024 registered for the offences punishable under Sections 341, 323, 307, 337, 504 & 34 of the Indian Penal Code.

7. The allegation against the petitioners is to assault the informant and others along with co-accused persons causing head and bodily injury, where assault, as alleged, were made with intention to cause their death, where occurrence alleged to be arisen out of land dispute.

8. It is submitted by learned counsel appearing for the petitioners that both petitioners are facing general and omnibus allegation and nothing transpired from the facial perusal of F.I.R. that they have been involved in physical assault causing injury to the informant and others. It is submitted that occurrence took place in the background of land dispute, as both parties are agnates. It is submitted that petitioner no. 1 said to be a man of clean antecedent, whereas petitioner no. 3 is also lady of clean antecedent and their implication appears also being family members of main co-accused persons, who actually involved in the physical assault.

9. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.20559 of 2025(2) dt.23-04-2025 3/3

10. In view of the aforesaid factual submissions and by taking note of the fact as allegation qua physical assault primafacie appears very much general and omnibus against both abovenamed petitioners, who are of clean antecedent, accordingly, above-named petitioner no. 1 and petitioner no. 3, in the event of their arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara/concerned court in connection with Sandesh P.S. Case No. 169 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T