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Patna High CourtCR. MISC./52585/2025allowed

Umashankar @ Uma Singh v. The State Of Bihar

2025-11-04Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52585 of 2025 Arising Out of PS. Case No.-225 Year-2022 Thana- DHANARUA District- Patna ====================================================== 1.

Umashankar @ Uma Singh S/O Sri Ramji Singh R/O Nanauri Milkipur, P.S.- Dhanarua, Dist.- Patna 2.

Panna Lal S/O Sri Ramji Singh R/O Nanauri Milkipur, P.S.- Dhanarua, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-11-2025 Heard the parties.

2. The petitioners apprehend their arrest in connection with Dhanarua P.S. Case No. 225 of 2022, registered for the offences punishable under Sections 341, 323, 325, 307, 354(B), 379, 504, 34 of the Indian Penal Code.

3. Allegedly on the fateful day while the informant was hoisting flag at his door, all the accused persons, including the petitioners, came there and started abusing and assaulting. It is specifically alleged that petitioner no. 1 assaulted the informant by means of khanti due to which he sustained serious injury. There is further allegation against petitioner no. 2 of causing assault by means of iron rod over his leg due to which

Patna High Court CR. MISC. No.52585 of 2025(3) dt.04-11-2025 2/3 he received injury. The allegation has also been levelled against the petitioners that they have misbehaved with the other family members and snatched the valuables.

4. Learned Advocate for the petitioners submitted that both the parties are agnates and the dispute has arisen due to ancestral properties, resulting into a scuffle due to which some unfortunate injuries took place. However, the injuries which are sustained to the informant are concerned, all of them have been found to be simple in nature. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the proceeding of the court. It is the contention of the petitioners that the petitioners' side also filed a complaint case bearing No. 752(C) of 2021 much prior to the institution of the present case, wherein cognizance has also been taken under Sections 323, 341, 379 of the Indian Penal Code against the informant and others.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Regarding being had to the submissions made on behalf of the learned Advocates for the respective parties and considering the genesis of occurrence, coupled with the simple nature of injury and the fair antecedent of the petitioners, let the

Patna High Court CR. MISC. No.52585 of 2025(3) dt.04-11-2025 3/3 petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 225 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T