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Patna High CourtCR. MISC./64878/2025disposed

Balmukund v. The State Of Bihar

2025-09-17Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64878 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- CHIKSAUR District- Nalanda ====================================================== 1.

Balmukund S/o Sri Akhilesh Singh R/o Village - Soharapur, P.S - Chiksaura, District - Nalanda 2.

Ranjeet Kumar S/o Sri Shankar Singh R/o Village - Soharapur, P.S - Chiksaura, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Anil Kumar, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 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(1), 352 and 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, on 31.05.2025 at around 6:50 PM, while the informant was going to his house, in the meantime, these petitioners intercepted him, abused him and Petitioner No. 1 fired on the leg of informant, as a result of which he sustained fire arm injury and thereafter, handed over the pistol to Petitioner No. 2.

Patna High Court CR. MISC. No.64878 of 2025(2) dt.17-09-2025 2/3

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, on account of land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Injuries, allegedly caused by these petitioners, are simple in nature. From bare perusal of the F.I.R. it is apparent that there is absolutely no allegation of overt act against Petitioner No. 2.

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.. There is specific accusation that Petitioner No. 1 shot in leg of informant as a result of which informant sustained fire arm injury. Petitioners have got one criminal antecedent each.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation and criminal antecedent of the petitioner, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected.

7. So far as Petitioner No. 2 is concerned, considering the facts and circumstances of the case, general and omnibus nature of accusation and case and counter-case, the prayer for

Patna High Court CR. MISC. No.64878 of 2025(2) dt.17-09-2025 3/3 grant of anticipatory bail to Petitioner No. 2 is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 2 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 A.C.J.M.-I, Hilsa, Nalanda in connection with Chiksaura P.S. Case No. 86 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