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Patna High CourtCR. MISC./61791/2025disposed

Adarsh Singh @ Adarsh Kumar Singh v. The State Of Bihar

2025-09-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61791 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- KURSAILA District- Katihar ====================================================== 1.

Adarsh Singh @ Adarsh Kumar Singh S/O Late Haldhar Singh R/O VillageKataria, P.S- Kursela, Distt.- Katihar. 2.

Anoj Singh @ Anoj Kumar Singh S/O Late Girdhari Singh R/O VillageKataria, P.S- Kursela, Distt.- Katihar. 3.

Viveka Kumar Singh @ Viveknand Singh S/O Late Manoj Singh R/O Village- Kataria, P.S- Kursela, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioners :

Md. Rahmatullah, Advocate For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 308(3), 352 and 351(2) of the B.N.S..

3. As per prosecution case, informant, namely Pramod Kumar, alleged that these accused petitioners were demanding Rangdari of Rs. 5,00,000/- from him. It is further alleged that thereafter, on 15.03.2025 at about 8:30 AM, all these accused petitioners along with 5 to 6 unidentified persons, armed with

Patna High Court CR. MISC. No.61791 of 2025(2) dt.09-09-2025 2/3 lathi, danda, iron rod and farsa, came to the shop of informant, assaulted him, snatched gold chain from his neck and took away Rs 10,500/- cash from the shop's counter.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are co-villagers and due to village politics, this false and concocted case has been lodged. Allegation of demand of Rangdari and assault is general and omnibus. No specific accusation of overt act has been alleged against these petitioners. Doctor has found the injuries sustained by the injured to be simple in nature. Petitioner Nos. 1 and 2 have got two criminal antecedents each in which they are already on bail and Petitioner No. 3 has got no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with unknown persons, demanded Rangdari, assaulted informant and snatched cash and other articles. Petitioner Nos. 1 and 2 have got two criminal antecedents each.

6. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.61791 of 2025(2) dt.09-09-2025 3/3 and criminal antecedents of the petitioners, the prayer for grant of anticipatory bail to Petitioner Nos. 1 and 2 is rejected.

7. So far as Petitioner No. 3 is concerned, considering the facts and circumstances of the case, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to Petitioner No. 3 is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 3 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 63 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

9. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U T