Anil Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55451 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- CHANDAN District- Banka ====================================================== 1.
Anil Das S/o Gopal Das R/o Village - Haith Chandan, P.S - Chandan, District - Banka 2.
Soromani Das Late Guja Das R/o Village - Haith Chandan, P.S - Chandan, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Mr. Raushan Kumar, learned counsel for the petitioner and the State.
2. The petitioners are in judicial custody in connection with Chandan P.S. Case No. 24 of 2025 for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109(1), 304(2) of Bhartiya Nayay Sanhita, 2023 lodged on 31.03.2025 by the informant, Arun Kumar.
3. As per the prosecution story, the informant alleged that in the night when he went to the poultry farm of his son, the named accused persons started assaulting when his son came to rescue, he was given iron rod blow by amongst other, the petitioner herein causing injury. This led to the FIR.
Patna High Court CR. MISC. No.55451 of 2025(2) dt.12-08-2025 2/3
4. Learned counsel for the petitioners submit that minor scuffle has been given the colour of assault, the small injury is there on the scalp beside the body, the Doctor has opined the same to be simple in nature, they have no criminal antecedent and are in custody since 24.05.2025.
5. Learned APP opposes the prayer submitting that armed variously, they assaulted the informant/son.
6. Taking into account the submissions of the parties as also that they have no criminal antecedent, are in custody since 24.05.2025 and the Doctor has opined the injury to be simple in nature, this Court is inclined to extend them the privilege of bail with conditions.
7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Banka in connection with Chandan P.S. Case No. 24 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.55451 of 2025(2) dt.12-08-2025 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T