Anand Prakash @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61581 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- CHENARI District- Rohtas ====================================================== 1.
Anand Prakash @ Chandan Singh S/o Shashi Bhushan Singh, Resident of Village- Jogiya, Police Station- Chenari, District- Sasaram. 2.
Lakshmina Devi @ Laxmina Devi S/o Shashi Bhushan Singh, Resident of Village- Jogiya, Police Station- Chenari, District- Sasaram. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Raghunandan Kumar Singh, Advocate For the State :
Mr. Anant Kumar, APP For the Informant :
Mr. Siddarth Harsh, Advocate Mr. Dineshwar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-12-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in connection with Chenari P.S. Case No. 243 of 2025 dated 11.06.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 351(2) and 352 read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, in the background of cutting of a tree, the petitioners and other co-accused persons armed with sharp and blunt weapons abused and assaulted the cousin of the informant and wife of the cousin, causing a number of injuries to them.
2/4
4. Learned counsel appearing on behalf of the petitioners submits that the allegation against petitioner no. 1 is that he gave a tangi blow to Kunti Devi on her head and abdomen. There is general and omnibus allegation of assault on one Loknath Singh against the petitioners and other co-accused persons. The allegation against the petitioner Lakshmina Devi is of instigating the father for assaulting the cousin of informant and his wife. But, no injury of sharp weapon has been found on person, either on Loknath Singh or on Kunti Devi. Three lacerated wounds and one abrasion have been found on the head of Kunti Devi caused by hard and blunt substance and nature of injury was stated to be simple. Similarly, the injury of Loknath Singh is a lacerated wound on head of size 4cm x 4cm x 1cm with two abrasions.
This injury was also caused by hard and blunt substance and nature of injury was stated to be simple. This falsifies the allegation against the petitioner Anand Prakash of assaulting the sister-in-law of the informant with tangi on different body parts. Moreover, from the size of injury, the injury appears to be superficial. The petitioner Anand Prakash has lodged Chenari P.S. Case No.
3/4 settlement. Learned counsel next submits that petitioner no. 1 is a student and petitioner no. 2 is housewife and are having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioners are in custody since 12.06.2025.
5. Learned A.P.P. appearing on behalf of the State as well as the learned counsel for the informant oppose the submissions made on behalf of the petitioners. Learned counsel for the informant submits that the victims were taken to Banaras for treatment and fracture was found on the head of sister of the informant.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case of the parties and also considering the clean antecedent of the petitioners, their period of custody and submission of chargesheet, the petitioners, above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram / concerned Court, in connection with Chenari P.S. Case No. 243 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S.
4/4 and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T