Mahadev Kumar Singh @ Mahadev Kumar @ Mahadev Singh @ Mohandev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34595 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Mahadev Kumar Singh @ Mahadev Kumar @ Mahadev Singh @ Mohandev Kumar son of Nand Singh village- Bachari Ps- Sandesh, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2025 Heard Mr. Shiv Prasad Gupta, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP representing the State.

2. The petitioner is apprehending his arrest in connection with Sandesh P.S. Case No. 04 of 2025 for the offence under Sections 191(2), 191(3), 126(2), 115, 109, 352 and 351(2) of the B.N.S., lodged on 03.01.2025 by the informant, Ravindra Kumar Singh.

3. As per the prosecution story, the informant alleged that accused persons armed variously came and assaulted, main allegation against this petitioner is of giving 'farsa' blow on his head. He was taken to Sadar Hospital, Ara for treatment. This led to the F.I.R.

4. Learned counsel for the petitioner submits that though there is a land dispute between the parties, case and counter case, the case of the accused side being earlier to the

Patna High Court CR. MISC. No.34595 of 2025(2) dt.21-05-2025 2/3 present one, Ravindra Kumar Singh has been examined by the Referral Hospital Sandesh, Bhojpur and the injury has been found to be simple. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.10,000/- by Demand Draft issued by the local branch of the State Bank of India for the medical assistance to the informant.

5. Learned APP opposes the prayer for bail submitting that allegation of assault is against the petitioner.

6. Considering the aforesaid submission as also the fact that the injury has been found to be simple in nature and the petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.10,000/- by Demand Draft to the informant for the medical assistance issued by the local branch of State Bank of India and the receipt has to be submitted before the Trial Court and after checking credentials to be handed over to the informant.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 04 of 2025 subject to the

Patna High Court CR. MISC. No.34595 of 2025(2) dt.21-05-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T