Jesho Kumar Singh @ Jesho Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56893 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- HUSSAINGANJ District- Siwan ====================================================== Jesho Kumar Singh @ Jesho Singh S/o Brahma Singh Resident of Village - Renua, P.O - Siwan, P.S - Hussainganj, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Mohan Singh, Advocate For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-08-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Hussainganj P.S. Case No. 07 of 2025 instituted under Sections 126(2), 115(2), 109, 352, 351(2) & 3(5) of Bhartiya Nayay Sanhita, 2023 lodged on 13.01.2025 by the informant, Sachin Kumar Singh.
3. As per the prosecution story, the informant alleged that when he was sprinkling insecticides in the field, the accused persons named in the FIR, came and thereafter, assaulted him by butt of pistol causing serious injury to him. Meanwhile, their father Brahma Singh exhorted to shoot the informant. Allegation is that Manoj Singh sat over the chest and this petitioner tried to
2/4 press the neck. As the locals came, they escaped. This led to the FIR.
4. Learned counsel for the petitioner submits that an exaggerated FIR is there, the counter blast by way of FIR is also by them, the injury on the head has been found to be simple in nature.
5. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.10,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the concerned Court to be handed over to the informant/injured.
6. Learned APP opposes the prayer.
7. Considering the submissions of the parties as also the fact though allegation of assault is there, in the injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.10,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the concerned Court to be handed over to the informant/injured.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a
3/4 period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Hussainganj P.S. Case No. 07 of 2025 to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T