Nand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36138 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Nand Singh S/o Late Vijendar Singh R/o Village- Bachari, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Sandesh P.S. Case No. 4 of 2025, lodged on 03.01.2025, under Sections 191(2)/191(3)/126(2) /115 /109 / 352/351(2) of the B.N.S. 2023.
3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner. The petitioner is the order giver and upon his order other accused persons have assaulted the informant due to which injury has been caused.
Patna High Court CR. MISC. No.36138 of 2025(2) dt.18-06-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the criminal antecedent of the petitioner is clean. He submits that the petitioner as per the FIR is the order giver. He submits that both informant and petitioner are relatives and well known to each other and due to petty family matter the dispute has arisen. He further submits that for the same date and place of occurrence there are two criminal cases filed. First criminal case has been filed from the petitioner side i.e., Sandesh P.S. Case No.1 of 2025 and another case is Sandesh P.S. Case No.4 of 2025 filed from the informant side. Counsel Submits that the petitioner is aged about 79 years.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the record it transpires that there is case and counter case and petitioner is aged about 79 years.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief
Patna High Court CR. MISC. No.36138 of 2025(2) dt.18-06-2025 3/3 Judicial Magistrate, Bhojpur at Ara, in connection with Sandesh P.S. Case No.4 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T