Anish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33273 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.

Anish Singh S/o Madan Singh Resident of vill- Chanka, PS- Nokha DistRohtas 2.

Manish Singh S/o Madan Singh Resident of vill- Chanka, PS- Nokha DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Nokha P.S. Case No. 282 of 2024 instituted for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103, 303(2), 118, 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that on 27.07.2024 around 5:25 PM, Vinod Singh was attacked near Jakhni village by co-villagers armed with deadly weapons. Binod Singh assaulted him with a farsha on the head, and others attacked with lathis, injuring Pramod Singh and Subash Singh. Pramod's

Patna High Court CR. MISC. No.33273 of 2025(2) dt.17-06-2025 2/3 gold chain and cash were looted, and Subash Singh was also robbed and beaten. The accused threatened the victims and fled when relatives arrived; some were previously involved in a similar incident.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 27-10-2024. Petitioners bear one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Parties are co-villagers and there is admitted dispute between them. Informant was not an eye-witness. As per allegation, petitioner No.1 assaulted one Pramod Singh by means of farsa and his injury is found to be simple in nature, whereas petitioner No.2 assaulted Subash Singh, but he does not sustain any injury. Injury report does not support the allegation levelled against the petitioners. Other co-accused has been granted bail by this Court vide order dated 10-04-2025, passed in Cr. Misc. No. 19669 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.33273 of 2025(2) dt.17-06-2025 3/3 of the case, period of custody of the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nokha P.S. Case No. 282 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T