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Patna High CourtCR. MISC./37349/2025partly allowed disposal

Prince Kumar Singh @ Prince Singh v. The State Of Bihar

2025-09-03Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37349 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- JIRADEI District- Siwan ====================================================== 1.

Prince Kumar Singh @ Prince Singh S/o- Vidya Singh @ Vidya Sagar Singh Resident of village- Mukundpur, PS- Zirdaeyi Dist- Siwan 2.

Rishu Singh S/o- Vidya Singh @ Vidya Sagar Singh Resident of villageMukundpur, PS- Zirdaeyi Dist- Siwan ... ... 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.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Ziradei P.S. Case no.16 of 2025, registered under sections 115(2), 126(1), 303(2), 109(1), 351(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that on the point of pistol, he was assaulted by the two petitioners herein with butt of a pistol and a hockey stick and the accused persons took away an amount of Rs.15,000/- etc from his pocket.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.37349 of 2025(3) dt.03-09-2025 2/3 petitioners have been falsely implicated in the case because of being on inimical terms with the informant. The other cause of false implication of the petitioners are their antecedents. No such occurrence has taken place. There is no reasonable explanation for the delay of 11 days in lodging of the FIR. The petitioners undertake to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P for the State, who submits that one of the injuries on the head has been found to be grievous in nature.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner no.1 of having assaulted with the butt of a pistol on the head of the informant together with the corresponding grievous injury having been found by the doctor, the Court is not inclined to enlarge the petitioner no.1 (Prince Kumar Singh @ Prince Singh) on anticipatory bail and the application is rejected.

7. The petitioner no.1 is directed to surrender in the learned Court below within a period of four weeks.

8. Taking into consideration the facts and circumstances of the case, including the delay in lodging of the FIR and the other injury not having been found to be grievous in nature, it is directed that the petitioner no.2 Rishu Singh, in the

Patna High Court CR. MISC. No.37349 of 2025(3) dt.03-09-2025 3/3 event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ziradei P.S. Case no.16 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan. (Partha Sarthy, J) Shiv/- U T