Lal Babu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35096 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== 1.
Lal Babu Singh S/O Sheo Jee Singh @ Shiv Jee Singh R/O VillageKoshdihara, P.S- Sandesh, Distt.- Bhojpur. 2.
Ritu Singh @ Pintu Yadav S/O Sheo Jee Singh @ Shiv Jee Singh R/O Village- Koshdihara, P.S- Sandesh, Distt.- Bhojpur. 3.
Krishna Singh S/O Sita Ram Singh R/O Village- Koshdihara, P.S- Sandesh, Distt.- Bhojpur.
4.
Dhananjai Singh S/O Shiv Dayal Singh R/O Village- Koshdihara, P.SSandesh, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Ataul Haque, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2025 Heard Learned Counsel for the petitioners, Learned APP for the State and learned counsel for the informant.
2. Learned counsel for the petitioners submits that during pendency of the present bail application, petitioner No.4 has been arrested. Therefore, he is not pressing anticipatory bail application for petitioner No.4.
3. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner Nos.1 to 3
Patna High Court CR. MISC. No.35096 of 2025(3) dt.20-08-2025 2/3 who apprehend their arrest in connection with Sandesh P.S. Case No.75 of 2025 , for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115, 109 and 117(2) of the BNS, 2023.
4. As per the prosecution, FIR has been lodged against 9 named accused persons including the petitioners with allegation that they have reached at the house of the informant and assaulted by lathi, danda, iron rod, khanti etc., due to which injury has been caused to the informant's side.
5. Learned Counsel for the petitioner Nos.1 to 3 submits that the petitioner Nos.1 to 3 are innocent and have committed no offence. Counsel also submits that both parties are agnates and admitted land dispute is there in the Fir itself.
6. Counsel further submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., Sandesh P.S. Case No.75 of 2025 (present case) and the petitioner has lodged case i.e., Sandesh P.S. Case No.76 of 2025. He further submits that none of the parties are criminal, but it is true that scuffling took place from both sides due to which injury has also been caused to both sides.
7. Counsel submits that the criminal antecedent of the
Patna High Court CR. MISC. No.35096 of 2025(3) dt.20-08-2025 3/3 petitioner Nos.1 to 3 are clean. Counsel further submits that petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them.
8. Learned APP for the State opposes the prayer for bail of the petitioners and submits that petitioners' antecedent are clean and there is case and counter-case from both the sides.
9. As such, in the present facts and circumstances of this case, let the above named petitioner Nos.1 to 3 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) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Bhojpur at Ara in connection with Sandesh P.S. Case No.75 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T