Pappu Ram @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40080 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SHIVSAGAR District- Rohtas ====================================================== Pappu Ram @ Pappu Kumar Son of Jagdish Ram Resident of Village- Torni, P.S.- Sheosagar, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42161 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SHIVSAGAR District- Rohtas ====================================================== Ajay Ram S/o Late Bhuwan Ram Resident of Village-Torani, P.S.- Sheosagar, District-Rahtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40080 of 2025) For the Petitioner/s :
Mr. Rajani Kant Pandey, Adv For the Opposite Party/s :
Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 42161 of 2025) For the Petitioner/s :
Mr. Rameshwar Singh, Adv For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 04-07-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State.
2. The petitioners are apprehending their arrest in connection with Shivsagar P.S. Case No. 01 of 2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 74, 352 and 351(2) of the B.N.S. Act.
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3. As per the prosecution case, on 01.01.2025 at about 4:00 P.M., the co-accused Parmod Ram came at the door of the informant in inebriated condition and started abusing the informant. On being opposed by the informant, the petitioners and the other co-accused persons armed with Lathi & Danda came and started assaulting the family members of the informant due to which they sustained injuries.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is a general and omnibus nature of allegation levelled against altogether 11 persons, including the petitioners that they have assaulted the informant and others by means of lathi, danda and iron rod. It is next submitted that the injuries which is received by the Kundan Kumar and Kusam Kumari is grievous in nature but they are on non-vital part of the body. It is further contended that on the premise of a land dispute, both the parties have entered into a free fight resulting into injuries to the persons of both the sides. It is also submitted that similarly situated coaccused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 23396 of 2025. It is lastly submitted that
3/4 the petitioners have clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions of the parties and taking into account the fact that similarly situated co-accused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court and also considering the fair antecedent of the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of four weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Rohtas, in connection with Shivsagar P.S. Case No. 01 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.), with further condition/s:- (i) One of the bailors will be close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be canceled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the
4/4 prosecution will be at liberty to move for cancellation of their bail bonds.
(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The applications stand allowed.
(Sourendra Pandey, J) Jyoti/- U T