Madhu Singh @ Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62697 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- GAURICHAK District- Patna ====================================================== 1.

Madhu singh @ Madhu Devi W/o Sippu Singh R/o Village - Andari, P.S - Gaurichak, District - Patna 2.

Bhola Singh @ Bhoja Singh S/o Nagendra Prasad R/o Village - Andari, P.S - Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar For the State :

Mr.Uday Chand Prasad For the Informant Mr. Sushil Kr. Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 352, 351(3), 3(5), 109 of the B.N.S.

3. Allegation in the first information report is that the accused persons, five in number, including the present petitioners, resorted to indiscriminate firing on the house of the informant and also indulged in abuses.

4. Learned counsel for the petitioners submits that it would be evident from the first information report that there is general and omnibus allegation on all the accused persons including these

Patna High Court CR. MISC. No.62697 of 2025(2) dt.15-09-2025 2/3 petitioners of resorting to indiscriminate firing. However, it is submitted that nothing was recovered from the place of the alleged occurrence and no inmate of the house has suffered any injury whatsoever. It is further submitted that there is land dispute between the parties for which earlier Gaurichak P.S. Case No. 13 of 2023 had been lodged by the co-accused Sippu Singh in which the family member of the informant have been made accused and the said FIR has been annexed as Annexure-2 to the present application.

5. Learned APP for the State and learned counsel for the informant have opposed the application for anticipatory bail on the ground that the firing has been resorted to by the petitioners and other accused persons.

6. Taking into consideration the facts and circumstances and also considering that as against the general allegation of indiscriminate firing, no injury has been suffered by any one, there being case and counter case between the parties and also considering that the petitioner no. 1 is a 65 year female, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.62697 of 2025(2) dt.15-09-2025 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gaurichak P.S. Case No. 46 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T