Shaila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38895 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- BELCHHI District- Patna ====================================================== 1.

Shaila Devi W/o Surendra Bind R/o Village- Kishanpur, P.S.- Belchhi, District- Patna 2.

Surendra Bind S/o Late Bachuch @ Pachchu Bind R/o Village- Kishanpur, P.S.- Belchhi, District- Patna 3.

Vikram Kumar @ Tamoli Bind S/o Surendra Bind R/o Village- Kishanpur, P.S.- Belchhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Belchhi P.S. Case No.-53 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 109 and 132 of B.N.S., 2023

3. As per allegation, the police has reached the place of occurrence in course of investigation and as per further case of the police, the petitioners along with others have assaulted the police by way of stone pelting.

Patna High Court CR. MISC. No.38895 of 2025(2) dt.25-06-2025 2/3

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the petitioners are no way involved in the alleged offence and the case is based only on the basis of suspicion. He further submits that the case has been lodged against 10 known persons and 10-15 unknown persons and as such, it is not possible for anyone to know each and everybody involved in the alleged offence amongst such alleged crowd.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner No. 2 has no criminal antecedent, whereas petitioner No. 1 and 3 have one criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.38895 of 2025(2) dt.25-06-2025 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Belchhi P.S. Case No.-53 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) shoaib/- U T