Punyadev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59244 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- RASULPUR District- Saran ====================================================== 1 .
Punyadev Singh son of Late Parshuram Singh Resident of Village -Gauspur PS -Rasulpur District- Saran at Chhapra 2.
Indu Devi Wife of Punyadev Singh Resident of Village -Gauspur PS -Rasulpur District- Saran at Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118 (1) , 351 ( 2 ), 352 and 3 (5) of the BNS. 3 . As per the prosecution , informant namely, Arun Kumar Singh alleged that on 15.02.2025 at about 5 AM , when brother of informant namely Mukesh Kumar Singh had gone to Dalan for tying buffalo then these petitioners abused him and upon hearing the noise , informant and his wife reached there where these petitioners also abused them. It is further alleged that on the order of petitioner No. 1 , petitioner No. 2 assaulted
Patna High Court CR. MISC. No.59244 of 2025(2) dt.01-09-2025 2/3 on the head of informant with spade due to which he sustained injury and in the meanwhile , petitioner No. 1 assaulted informant with lathi, danda on his head and when nearby villagers assembled there, then all the accused persons fled away from the spot and injured were taken to Hospital and accordingly , the present F.I.R. has been lodged.
4. It is submitted on behalf of the petitioners that both parties are gotias. F.I.R. has been lodged after the delay of 42 days for which there is no explanation which itself creates doubt over the entire prosecution case . As a matter of fact, petitioner No. 2 had lodged a case vide Rasulpur PS Case No. 29 of 2025 against the informant and others and in retaliation the present false and concoted case was lodged by informant against these petitioners.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the aforesaid facts , delay in lodging the F.I.R. and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM -
Patna High Court CR. MISC. No.59244 of 2025(2) dt.01-09-2025 3/3 VI Saran at Chhapra in connection with Rasulpur P.S. Case No. 51 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T