Kariya Seth @ Bablu Kumar @ Bablu Seth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65568 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- KOCHAS District- Rohtas ====================================================== 1.
Kariya Seth @ Bablu Kumar @ Bablu Seth, Son of Late Ashok Seth; 2.
Dinesh Seth @ Dinesh Kumar Soni, Son of Late Ashok Seth; 3.
Pritam Seth @ Pritam Kumar, Son of Late Ashok Seth; All are Resident of Village - Kochas , P.S. - Kochas , Distt. - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-09-2025 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Kochas P.S. Case No. 128 of 2025 registered for the offence(s) under Section(s) 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has alleged that the named accused persons got instigated by the
2/4 droplets of water which fell on their body and thereafter, they all attacked him with iron rod, Lathi, Danda and Rama, causing head injury to him and also causing cut injury on the little finger of the right hand of his younger brother.
4. The learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case because of the previous enmity between both the sides. It has been submitted that the manner of occurrence is not corroborated by the injuries sustained by the prosecution side. It has further been pointed out that from the perusal of the injury reports, which has been annexed as Annexure-P/2 series, it appears that all the injuries sustained were simple in nature and were superficial, caused by hard and blunt substance. It has lastly been submitted that the petitioners have clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above-named, be released on anticipatory bail, in the event of their arrest or surrender before the concerned Court/successor Court within a period of four weeks from today,
3/4 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 concerned Court/successor Court where the case is pending in connection with Kochas P.S. Case No. 128 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions : (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present before the concerned Court/successor Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail-bonds of the petitioners will be liable to be cancelled by the concerned Court/successor Court.
(iv) If the petitioners, in future, are found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of their bailbonds. (v) The concerned Court/successor Court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that they have concealed their criminal antecedent, the Court concerned shall take necessary steps for cancellation of their bail-bonds. However, the acceptance of bail-bonds in terms of the above-mentioned order shall not be delayed for purpose of
4/4 or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T