Ajay Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43581 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- HARINMAR District- Munger ====================================================== 1.
Ajay Das, S/o Harilal Das Resident of village- Shirniya, P.S.- Harinmar, Dist- Munger 2.
Munna Kumar Das, S/o Harilal Das, R/o Vill- Shirniya, P.S.- Harinmar, Distt- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. At the outset, learned counsel for the petitioners seeks permission to correct the P.S. Case name in prayer portion of this application, in course of the day. Permission is accorded.
3. The petitioners apprehend arrest in connection with Harinmar P.S. Case No. 10 of 2025 dated 21.03.2025 instituted for the offence punishable under Sections 191(2), 115(2), 110, 303(2), 74, 351(2), 352, 3(5) of Bhartiya Nyaya Sanhita, 2023.
4. The prosecution case, in short, is that on the alleged date of occurrence, all the accused persons including the petitioners abused and assaulted the informant and his family members over a land dispute, as a result of which, they suffered
2/4 serious injuries. It is further alleged that all the accused persons looted away Rs. 15,000/- and jewellery items from his house and also they tried to outrage the modesty of his wife and sisterin-law.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that allegation against petitioner no. 1 is that he assaulted on the head of wife of younger brother of the informant by means of lathi while petitioner no. 2 assaulted on the head of the informant by means of lathi. It is further alleged that injury report is said to be simple in nature. There is case and counter case between the parties. Counter case bearing Harinmar P.S. Case No. 11 of 2025 has been filed by wife of petitioner no. 1 against the informant and his family members. Lastly, it has been submitted that petitioner no. 1 has four criminal cases against him and petitioner no. 2 has three criminal cases against him.
6. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period
3/4 of six weeks from today, in connection with Harinmar P.S. Case No. 10 of 2025, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger subject to condition as laid down under Section 482(2) of the B.N.S.S., subject to the following conditions:-
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. One of the bailors will be their own blood relation, preferably father, mother, brother, sister and or their wives.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioners tamper with the evidence or the
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U T