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Patna High CourtCR. MISC./43795/2025partly allowed disposal

Ram Vilash Singh v. The State Of Bihar

2025-07-16Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43795 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- BARAHRI District- Rohtas ====================================================== 1.

Ram Vilash Singh S/o Late Parmanand Singh Resident of Village- Badahari, P.S- Badahri, District-Rohtas at Sasaram 2.

Nirmal Singh S/o Ram Vilash Singh Resident of Village- Badahari, P.SBadahri, District-Rohtas at Sasaram 3.

Vijay Kumar Singh @ Vijay Singh S/o Ram Vishal Singh Resident of Village- Badahari, P.S- Badahri, District-Rohtas at Sasaram 4.

Ramesh Kumar S/o Nirmal Singh Resident of Village- Badahari, P.SBadahri, District-Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Badahari P.S. Case No. 12 of 2025, dated 29.03.2025, lodged under Sections 351(2), 352, 126(2), 118(2), 115(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against seven named accused persons, including the present petitioners, alleging that all the accused, acting in connivance with each other, assaulted the informant and his family members when

Patna High Court CR. MISC. No.43795 of 2025(2) dt.16-07-2025 2/3 they came to save him. It is further alleged that the accused persons Sushila Devi and Rohit Kumar snatched a gold chain weighing one bhar, valued at Rs. 70,000/-

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the criminal antecedents of the petitioners are clean. Counsel also submits that for the same date and place of occurrence, a case and counter-case have been lodged between the parties. The petitioners' side has filed Badahari P.S. Case No. 13 of 2025, while the informant's side has lodged Badahari P.S. Case No. 12 of 2025. Counsel further submits that petitioner No. 1 is an elderly person, aged about 99 years, and there is nothing specific against petitioner No. 4.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the informant was brutally injured in the present case, and there is a specific allegation against the petitioners.

6. As such, in the present facts and circumstances of the case, let petitioner Nos. 1 & 4, namely, Ram Vilash Singh and Ramesh Kumar be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/-

Patna High Court CR. MISC. No.43795 of 2025(2) dt.16-07-2025 3/3 (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Badahari P.S. Case No. 12 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. So far as the petitioner Nos. 2 & 3, namely, Nirmal Singh and Vijay Kumar Singh @ Vijay Singh, are concerned, this Court is not inclined to grant bail to them, accordingly, their bail applications are hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T