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Patna High CourtCR. MISC./26148/2025allowed

Pritam Kumar @ Pritam Singh v. The State Of Bihar

2025-05-05Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26148 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Geedha District- Bhojpur ====================================================== 1.

Pritam Kumar @ Pritam Singh Son of Pradeep Kumar Singh All Are Resident of village -Mahakampur, PS- Gidha OP, District- Bhojpur 2.

Ashok Singh @ Ashok Kumar Singh Son of late Rajeshwar Singh @ Late Ramjivan Singh All Are Resident of village -Mahakampur, PS- Gidha OP, District- Bhojpur 3.

Pradeep Kumar Singh Son of Late Rajeshwar Singh All Are Resident of village -Mahakampur, PS- Gidha, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Gidha P.S. Case No. 83 of 2024, registered for the offences punishable under Sections 127(1), 115(2), 118(1), 74, 303(2) and 3(5) of the B.N.S.

3. The allegation against the petitioners is of causing assault to the brother of the informant as well as Raj Kumari Devi.

4. Learned Advocate for the petitioners contended that in fact both the parties are close agnates and the occurrence took

Patna High Court CR. MISC. No.26148 of 2025(2) dt.05-05-2025 2/3 place in the premise of a land dispute, giving rise to case and counter case lodged by both the sides. Taking note of the aforesaid fact, co-accused persons have been allowed the privilege of anticipatory bail by a Bench of this Court in Cr. Misc. No. 76246 of 2024 vide order dated 18.11.2024. It is further contended that as per his instruction, the injuries sustained to the brother of the informant and others have been found to be simple in nature and in fact, this is the reason, the nature of the injury has not been disclosed in the impugned order. The petitioners bear fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioners have brutally assaulted the brother of the informant and others.

6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the submissions advanced by learned Advocate for the petitioner that the injuries sustained to the injured are simple in nature, as also the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.26148 of 2025(2) dt.05-05-2025 3/3 within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur, Ara in connection with Gidha P.S. Case No. 83 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) shivank/- U T