Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21559 of 2025 Arising Out of PS. Case No.-795 Year-2024 Thana- FATUA District- Patna ====================================================== 1.

Sunil Kumar S/o- Dashrath Singh, Resident of Village- Niyajipur PS- Fatuha Dist- Patna.

2.

Jagat Singh S/o- Siya Sharan Singh R/O- Bhikhua PS- Fatuha Dist- Patna. 3.

Abodh Singh S/o- Jagat Singh R/O- Bhikhua PS- Fatuha Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kahkashan Alam, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 126(2), 115(2), 109, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, out of three brothers of the informant, one brother died on account of illness and, thereafter, a dispute arose between the parties with respect to the property of the deceased brother due to which these petitioners along with other accused persons assaulted the informant. Petitioner No. 1 Sunil Kumar assaulted the informant on his head with the butt of pistol. The accused persons also assaulted the wife of informant.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.21559 of 2025(2) dt.29-04-2025 2/2 implicated in the present case due to property dispute. There is case and counter case between the parties. The allegations levelled against the petitioners are general and omnibus in nature. Further submissions is that the injuries on the injured are simple in nature. Petitioner no. 1 has no criminal antecedent, whereas petitioner nos. 2 & 3 have two criminal antecedents. Petitioners undertake to co-operate in the investigation and trial.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna City in connection with Fatuha P.S. Case No. 795 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T