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Patna High CourtCR. MISC./48694/2025allowed

Binod Sah v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48694 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== 1.

Binod Sah S/o Arjun Sah R/o Vill- Rampur, P.S.- Madusudanpur,DisttBhagalpur 2.

Lucky Sah @ Lakhan Lal Sah S/o Arjun Sah R/o Vill- Rampur, P.S.- Madhusudanpur, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioners and Mr. Nirmal Kumar Sinha, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madusudanpur, P.S. Case No. 52/2025 instituted for the offence under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2)(3), 3/5 of B.N.S of 2023.

3. The case of the prosecution is that the sister of the informant namely, Nutan Kumari was going outside the village meanwhile, one Rishav Kumar started assaulting her and knock down. It is further alleged that the petitioner along with others

Patna High Court CR. MISC. No.48694 of 2025(2) dt.05-08-2025 2/3 arrived and started assaulting with iron rod.

4. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that the nature of the allegation is general and omnibus and from perusal of the order of the Trial Court, it is clear that informant has sustained following injuries:- (i) Abrasion on right side of parietal region of scalp and (ii) lacerated wound below left knee joint. He further submitted that a statement has been made in para-3 of this petition that the petitioner no. 01 having one criminal antecedent and petitioner no. 02 has no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Madusudanpur P.S. Case No. 52/2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.48694 of 2025(2) dt.05-08-2025 3/3 like amount each to the satisfaction of learned C.J.M Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) krishnakant/- U T