Patna High CourtCR. MISC./31598/2025bail granted

Chhadan Rajvanshi @ Amarjeet Kumar v. The State Of Bihar

2025-05-15Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31598 of 2025 Arising Out of PS. Case No.-390 Year-2024 Thana- HASPURA District- Aurangabad ====================================================== 1.

Chhadan Rajvanshi @ Amarjeet Kumar S/o Satyendra Rajvanshi @ Satyendra Kumar R/o vill - Girdhari Bigha, P.S. - Haspura, Distt.- Aurangabad 2.

Satyendra Rajvanshi @ Satyendra Kumar S/o Rampravesh Rajvanshi @ Ram Prawesh Rajwanshi R/o vill - Girdhari Bigha, P.S. - Haspura, Distt.- Aurangabad 3.

Surendra Rajvanshi S/o Rampravesh Rajvanshi @ Ram Prawesh Rajwanshi R/o vill - Girdhari Bigha, P.S. - Haspura, Distt.- Aurangabad 4.

Fula Devi W/o Satyendra Rajvanshi R/o vill - Girdhari Bigha, P.S. - Haspura, Distt.- Aurangabad 5.

Anjani Devi @ Ramkaliya Devi W/o Surendra Rajvanshi R/o vill - Girdhari Bigha, P.S. - Haspura, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Swetabh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Haspura PS. Case No. 390 of 2024 (5137032240390) dated 27.12.2024, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 74, 351(3) and 3(5) of the BNS, 2023.

3. The prosecution case as emerging from the FIR is

Patna High Court CR. MISC. No.31598 of 2025(2) dt.15-05-2025 2/3 that on account of family dispute, altercation took place leading to injury on both sides and lodging of the case and counter case.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that on account of family dispute, altercation took place leading to injury on both sides and lodging of the case and counter case. The case filed by the petitioner is earlier to the present one bearing Haspura P.S. Case No. 389 of 2024 for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 74, 303(2), 352, 351(3) and 3(5) of the B.N.S., 2023.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the case and counter case between the parties and injuries on both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.31598 of 2025(2) dt.15-05-2025 3/3 within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Haspura P.S. Case No.-390 of 2024 (5137032240390), subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) ajay/- U T