Shyam Sunder Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45431 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Shyam Sunder Rajbanshi S/o Late Bishun Rajbanshi Vill.- Pasai, PSNardiganj, District- Nawadah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 126(2), 127(2), 176, 109, 115(2), 352, 351(2), 191(1), 192(2) of BNS.
3. As per the allegations made in the FIR, the petitioner, along with other co-accused persons, forcibly entered the house of the informant and began assaulting her. It is specifically alleged that the petitioner, in an drunken condition, assaulted the informant with an
Patna High Court CR. MISC. No.45431 of 2025(2) dt.21-07-2025 2/3 iron rod, causing head injuries. It is further alleged that co-accused Rohan Rajbanshi assaulted the informant and her father-in-law on the head using bricks. Subsequently, the accused persons also attempted to outrage the modesty of the informant's daughter-in-law.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case, which arises out of a land dispute between the parties. There is case and counter case between them. The petitioner was not apprehended at the place of occurrence, nor has any incriminating material been recovered from his conscious possession. Upon perusal of the photocopy injury report of the informant, Tusi Devi, it appears that she sustained a lacerated wound on her forehead, which has been opined by the doctor as simple in nature and caused by a hard and blunt object (Annexure-3). Moreover, a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.45431 of 2025(2) dt.21-07-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Nardiganj P.S. Case no.95 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Nawadah, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
(S. B. Pd. Singh, J) Nirajkrs/- U T