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Patna High CourtCR. MISC./57254/2025allowed

Sanjay Kumar v. The State Of Bihar

2025-08-27Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57254 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Sanjay Kumar S/O Chhathu Sah R/O Village- Chandrapura, P.S- Tilauthu, Distt.- Rohtas.

2.

Ajay Kumar @ Ajay Sah S/O Chhathu Sah R/O Village- Chandrapura, P.STilauthu, Distt.- Rohtas. 3.

Gobind Sah S/O Lalan Sah R/O Village- Chandrapura, P.S- Tilauthu, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

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

2. The petitioners apprehend their arrest in connection with Tilauthu P.S. Case No.69 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 191(2), 190, 109, 132, 351(2) and 352 of the BNS, 2023.

3. The allegation against the petitioners is of using criminal force in deterring the police party from discharging their public duty while they were reached at the place of occurrence to pacify the quarrel between two community.

4. Learned Advocate for the petitioners submitted that

Patna High Court CR. MISC. No.57254 of 2025(2) dt.27-08-2025 2/3 admittedly there is no specific allegation of overt act against the petitioners rather on the alleged date of occurrence while a quarrel took place between two community, which resulted into a free fight, the police reached there and apprehended some of the accused persons; however, only the petitioners being local residents, their names have been disclosed by the apprehended persons. Save and except this, there is no material suggesting complicity of the petitioners in the crime. Besides the aforesaid fact, the petitioners have fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.

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

6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the nature of allegation, coupled with the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Dehri, Rohtas in connection with Tilauthu P.S. Case No.69 of 2025, subject to the condition as laid down under

Patna High Court CR. MISC. No.57254 of 2025(2) dt.27-08-2025 3/3 Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T