Umesh Singh @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46566 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Umesh Singh @ Ashok Kumar S/O Shivlochan Mahto R/O Village- Jokhipur, P.S- Krishnagarh, Distt.- Bhojpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagadeo Choubey, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP For informant :
Mr. Ritik Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 352, 109, 303 ( 2 ) and 3(5) of BNS.
3 . The prosecution case in brief, is that on the alleged date and time of occurrence , this petitioner along with other F.I.R. named accused persons assaulted informant and her family members as a result of which husband of informant sustained grievous injury .
4. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to previous enmity . As a matter of fact, it was informant and
Patna High Court CR. MISC. No.46566 of 2025(2) dt.11-08-2025 2/3 others who were taking away the grains from the field of one of the co-accused persons namely Barmeshwar Mahto and upon protest, informant of this case along with others assaulted coaccused Barmeshwar Mahto and others, for which a counter case bearing Krishnagarh P S Case No. 133 of 2024 dated 08.12.2024 was lodged by petitioner's side against the informant and others. Allegation is general and omnibus against this petitioner. No specific accusation of any overt act is alleged against this petitioner. F.I.R. has been lodged after the delay of 3 days for which there is no explanation which itself creates doubt over the entire prosecution case . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail petition .
6 Considering the aforesaid facts, general and omnibus allegation against this petitioner, delay in lodging the F.I.R., in the event of arrest or surrender within eight weeks from today , let the petitioner, as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Bhojpur at Ara in connection with Krishnagarh P.S. Case No. 129 of 2024 , subject to the
Patna High Court CR. MISC. No.46566 of 2025(2) dt.11-08-2025 3/3 conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T