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Patna High CourtCR. MISC./57534/2025bail granted

Siyaram Singh @ Baua @ Siyaram Kumar v. The State Of Bihar

2025-08-27Mr. Justice Jitendra Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57534 of 2025 Arising Out of PS. Case No.-660 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Siyaram Singh @ Baua @ Siyaram Kumar Son of Late Nagendra Prasad Singh village- Rawaich PS -Bakhtiyarpur District -Patna 2.

Karu Singh @ Binay Kumar Son of Nirbhay singh village- Rawaich PS -Bakhtiyarpur District -Patna 3.

Kunal Kumar @ Golu son of Siyaram singh @ Baua @ Siyaram Kumar village- Rawaich PS -Bakhtiyarpur District -Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Rai Ramesh Prasad, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bakhtiyarpur PS. Case No-660 of 2024 Dated-24.11.2024, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), and (2) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per allegation, when the informant was sowing seeds of masoor in his field, the Petitioners and other co-

2/4 accused assaulted the informant and snatched the masoor seeds.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the land on which the informant was allegedly sowing masoor belongs to the Petitioners because the land has been purchased by them from the owner of the land and when the Petitioners were laying pillar over the land, the informant and his family members assaulted them causing injury on the person of the people of the Petitioners' side and hence, the petitioners' side have also filed Bakhtiyarpur P.S. Case No. 661 of 2024 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109 and 352 of the B.N.S., 2023 and Section 27 of the Arms Act and as a counterblast, the present FIR has been lodged by the Informant against the Petitioners' side.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner nos. 1 & 2 have been made accused in one case each and the Petitioner no.3 has no criminal antecedents.

3/4

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the rival claim of both the parties to the land in dispute, case and counter case and injury on both sides, this petition is allowed, directing the petitioners abovenamed, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Bakhtiyarpur PS. Case No-660 of 2024, subject to the conditions as laid down under Section 482(2) B.N.S.S, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,

4/4 learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Ravishankar Chandan/- U T