Dhanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32691 of 2025 Arising Out of PS. Case No.-138 Year-2018 Thana- SANDESH District- Bhojpur ====================================================== 1.
Dhanjay Singh son of Janakdhari Singh, R/o Village- Deur, PS- Sandesh, Dist- Bhojpur.
2.
Asha Devi Wife of Harendra Singh, R/o Village- Deur, PS- Sandesh, DistBhojpur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Ms. Priya, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Sandesh P.S. Case No. 138 of 2018, dated 02.11.2018, registered for the offences punishable under Sections 143, 341, 323, 325, 379, 354(B), 354(A) and 504 of the Indian Penal Code.
3. As per allegation, the accused petitioners came to the house of the informant and they started abusing and assaulting the informant on the back part of his head, causing injury and making him unconscious. As per further case, the copetitioner, Asha Devi also assaulted the daughter of the
2/4 informant and other co-accused also assaulted Shakuntala Devi, wife of the informant resulting into breaking of her arms.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. She further submits that all co-accused persons except the petitioners have already been enlarged on anticipatory bail by learned Court below itself. She further submits that both the petitioners have clean antecedents.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved before 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 bail petition that the petitioners have no criminal antecedents.
7. However, learned A.P.P. for the State vehemently opposes the prayer of the petitioner for bail.
8. In view of the fact that petitioner no. 1 namely, Dhanjay Singh is the main assailant, the anticipatory bail petition with respect to Dhanjay Singh is rejected. However, the anticipatory bail petition of the petitioner no. 2 namely, Asha Devi is allowed, directing the petitioner no. 2 to be enlarged on
3/4 bail, in the event of her arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Sandesh P.S. Case No. 138 of 2018, 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 petitioner has any criminal antecedents, learned Court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her 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 petitioner.
9. Liberty is granted to the petitioner no. 1, namely, Dhanjay Singh to surrender before learned Court below and learned Trial Court is requested to hear his regular bail petition on the same day of the filing, if such regular bail application is
4/4 filed on behalf of petitioner no. 1, namely, Dhanjay Singh. (Jitendra Kumar, J) Shahnawaz/- U T