Nepali Uraon @ Shyam Sundar Uraon @ Napali Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45702 of 2025 Arising Out of PS. Case No.-1195 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Nepali Uraon @ Shyam Sundar Uraon @ Napali Uraon S/o- Late Rajdeo Uraon Resident of Purab Line Basti Tatma Toli ward no- 24 PS- K Hat Maranga District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-07-2025 Heard the parties.
2. The petitioner is in custody in connection with K.Hat (Maranga) P.S. Case No. 1195 of 2023 registered for the offence punishable under sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and section 27 of the Arms Act, lodged on 22.10.2023 by the informant, Krishna Kumar.
3. As per the prosecution story, the informant alleged that Arun Mandal, Ashok Uraon, Nepali Uraon (petitioner herein), Guddu Das, Bouka Uraon and 40 to 50 persons armed variously came and stopped the construction of the boundary wall. The allegation is that Arun Mandal assaulted Ganesh on the head with iron rod causing injury, the 112 Police was called, a counseling took place and later, when they were taking the
2/4 injured to Sadar Hospital, once again the assault took place in which allegation against this petitioner is of opening fire causing injury on his hand, he was shifted to Sadar Hospital. This led to the F.I.R.
4. Learned counsel for the petitioner submits that there is exaggerated F.I.R., to implicated every one, has been named including this petitioner. Though there is a fire arm injury, the learned Sessions Judge order would show that it has been found to be simple in nature, the petitioner has no criminal antecedent. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.15,000/- by Demand Draft issued by the local branch of the State Bank of India to the injured informant namely Krishna Kumar.
5. Learned APP opposes the prayer for bail submitting that though the injury has been found to be simple in nature, it is fire arm injury.
6. Considering the submissions of the parties as also the fact that the petitioner has no criminal antecedent, the injury has been found to be simple in nature, is in custody since 16.05.2025, in that background, this Court is inclined to extend him the privilege of bail subject to payment of Rs.15,000/- by
3/4 Demand Draft issued by the local branch of State Bank of India to the injured informant namely Krishna Kumar and the receipt has to be submitted before the Trial Court and after checking credentials to be handed over to the informant .
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K.Hat (Maranga) P.S. Case No. 1195 of 2023 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T