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Patna High CourtCR. MISC./58828/2025bail granted

Dilip Kumar v. The State Of Bihar

2025-09-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58828 of 2025 Arising Out of PS. Case No.-505 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

Dilip Kumar S/O Mohan Ram R/O Village- Auraiyadei, P.S.- Bhabua, District- Kaimur at Bhabua 2.

Sandeep Kumar S/O Mohan Ram R/O Village- Auraiyadei, P.S.- Bhabua, District- Kaimur at Bhabua 3.

Mohan Ram S/O Ramji Ram R/O Village- Auraiyadei, P.S.- Bhabua, District- Kaimur at Bhabua 4.

Urmila Devi W/O Mohan Ram R/O Village- Auraiyadei, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2),115(2),109,303(2),74, 352,351(2),3(5)of the B.N.S.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.4 is a woman and the informant alleges that he asked Sandeep where he was going at 4.00 P.M., when he disclosed

Patna High Court CR. MISC. No.58828 of 2025(2) dt.09-09-2025 2/3 that he was going to consume toddy, on which informant objected saying that you should not consume toddy. Thereafter, in the evening, the accused persons came and Sandeep assaulted him by his iron bangle causing injury on head. Further, on orders of Mohan accused Dilip assaulted Tej Bahadur by lathi causing injury on head, while Mohan dashed his grandfather on road and Urmila snatched informant's chain.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners are agnates and on account dispute relating to collecting water, an altercation had taken place in which both sides assaulted each other. It is also submitted that from side of the petitioners persons have also suffered injury. It is next submitted that no doubt, it is alleged that Dilip and Sandeep assaulted informant and Tej Bahadur and opinion with regard to their injury has been reserved, but then, petitioners are not criminals and the entire family members have been implicated. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

5. Learned A.P.P. opposes the anticipatory bail application.

Patna High Court CR. MISC. No.58828 of 2025(2) dt.09-09-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P. S. Case No.505 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioners, despite giving assurance to this Court, are not cooperating in the investigation or is not presenting themselves as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioners after recording reasons.

9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T