Bhagirath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59112 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Bhagirath Kumar S/O Shravan Singh R/O Vill.- Saidi, P.S.- Katrisarai, Dist.- Nalanda.

2.

Shivam Kumar S/O Arun Singh R/O Vill.- Berauti, P.S.- Deepnagar, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Deepnagar P.S. Case No. 186 of 2025 dated 15.05.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 109(1), 103(1), 117(2), 352 of the Bharatiya Nyaya Sanhita and Sections 25(1-b)a, 26, 35A of the Arms Act.

3. The allegation against the petitioners is that they formed an unlawful assembly armed with weapon and came at the house of informant and started abusing him and his family members. It is further alleged that co-accused, Gauri Shankar

Patna High Court CR. MISC. No.59112 of 2025(3) dt.15-11-2025 2/3 fired with pistol on the body of informant's father. Co-accused Prahlad Kumar and Chandan Kumar assaulted with danda and rod on the hand and head of informant's brother, Dilkhush Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the specific allegations is against Gauri Shankar, Chandan Kumar and Prahlad Kumar. Petitioners have been made accused in this case only because they were members of unlawful assembly. During investigation, Dilkhush Kumar (brother of the informant) was examined by the I.O. who did not support the case of prosecution against the petitioners. Lastly, it has been submitted that the petitioner is in custody since 15.05.2025 and the petitioners have no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.59112 of 2025(3) dt.15-11-2025 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif, Nalanda in Deepnagar P.S. Case No. 186 of 2025.

(Khatim Reza, J) Sankalp/- U T