Bharat Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18522 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- NATWAR District- Rohtas ====================================================== 1.
Bharat Singh S/O Khalifa Singh R/O Vill.- Madhopur, P.S- Natwar, Dist.- Rohtas at Sasaram 2.
Omprakash Singh @ Prakash Singh S/O Lorik Singh R/O Vill.- Madhopur, P.S- Natwar, Dist.- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lalbahadur Singh, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP For the Informant/s :
Mr. Kamaldev Sharma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Natwar P.S. Case No. 12 of 2025 dated 12.01.2025 registered for the offences punishable under sections 191(2), 191(3), 190, 115(2), 126(2), 109, 324(2), 352 and 351(2) of Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant went to his farm, he saw that three goats were grazing his wheat plants. On protest, the petitioner started abusing and assaulting him on his head by means of lathi. Thereafter, all the accused persons arrived at his house armed with lathi, sword, Gadasa and pistol
Patna High Court CR. MISC. No.18522 of 2025(2) dt.21-04-2025 2/3 and attacked his elder brother due to which he sustained head injury. When the informant and his son came to save him, they were also assaulted by means of Gadasa due to which they sustained injury.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter-case between the parties. It is further submitted that as per injury report (annexed at Annexure-4 page-30), the injury is grievous in nature but the injury is on elbow joint fracture that is on nonvital part of the body. The petitioners has no concern with the alleged occurrence. The petitioner no.1 has one criminal antecedent and the petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.01.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioners and submitted that the specific allegation of assault is against the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing
Patna High Court CR. MISC. No.18522 of 2025(2) dt.21-04-2025 3/3 bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas in connection with Natwar P.S. Case No. 12 of 2025, with a condition:- (i) That the petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners will liable to be canceled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T