Parmanand Modi @ Parmanand Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31731 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- KAJRAILI District- Bhagalpur ====================================================== 1.
Parmanand Modi @ Parmanand Chaurasia S/o- Late Ghanshyam Modi Resident of Village- Kajrail Police Station- Kajraily, Dist- Bhagalpur 2.
Mithun Kumar @ Mithun Chaurasia S/o- Parmanand Modi @ Parmanand Chaurasia Resident of Village- Kajrail Police Station- Kajraily, DistBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection with Kajraily P.S. Case No. 107/2024 registered for the offences under Sections 126(2), 115(2), 110, 303(2), 352, 351(2) and 3/5 of B.N.S.
3. As per the prosecution case, petitioners along with two others have forcibly snatched the key from the Amin. When the informant's son asked them to return the key, all the four accused persons assaulted him with bricks, lathi and iron rod, resulting in injuries to the informant's side. It is further stated that the named accused persons then fled from the scene and
2/4 allegedly took away Rs. 15,000/- from the pocket of the son of the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that the occurrence took place on 16.10.2024 while the FIR was lodged after a delay of two days i.e. on 18.10.2024. Learned counsel further submits that two similarly situated co-accused namely Sashi Kumar and Rahul Kumar have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 23.04.2025 passed in Cr. Misc. No. 21017 of 2025. It is lastly submitted that the petitioners have clean antecedents and are in custody since 09.03.2025.
5. Learned counsel for the State has opposed the prayer for bail of the petitioners and submits that they have assaulted the informant's side, resulting in grievous injury sustained by them.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the allegation levelled against the petitioners are general and omnibus in nature and that the assault occurred during measurement of land and there is case and counter case between the parties and further
3/4 considering the fact that two similarly situated co-accused namely Sashi Kumar and Rahul Kumar have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 23.04.2025 passed in Cr. Misc. No. 21017 of 2025, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bhagalpur in connection with Kajraily P.S. Case No. 107/2024 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the Court concerned.
d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Court
4/4 below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T