Dharmnath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66444 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- NAYAGAON District- Saran ====================================================== 1.
Dharmnath Singh son of Late Shiv Kumar Singh Resident Of VillageKasturichak, Ps- Nayagaon, Dist- Saran 2.
Ramesh Singh @ Bhola singh son of Late Shiv Kumar singh Resident Of Village- Kasturichak, Ps- Nayagaon, Dist- Saran 3.
Mamta Devi Wife of Sanjay Kumar Singh Resident Of Village- Kasturichak, Ps- Nayagaon, Dist- Saran 4.
Babita Devi Wife of Ramesh Kumar Singh Resident Of VillageKasturichak, Ps- Nayagaon, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nalin Kumar, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard the parties.
2. The petitioners are apprehending arrest in connection with Nayagaon P.S. Case No. 84 of 2025 instituted under Sections 126(2), 115(2), 118(1), 109)1), 74, 303(2), 352, 351(2), 3(5) o Bhartiya Nayay Sanhita, 2023 lodged on 13.05.2025 by the informant, Rekha Devi.
3. As per the prosecution story, the informant alleged that in the night, the accused persons armed variously came and thereafter, the allegation is that Shaksham Singh and Prince Kumar assaulted the informant and when he screamed, the son
Patna High Court CR. MISC. No.66444 of 2025(2) dt.17-09-2025 2/3 came to rescue, they were also assaulted by Mauri Kumari and Buli Kumari. They were later shifted to Hospital and then PMCH, Patna which followed the FIR.
4. Learned counsel for the petitioners submit though they are in the list of accused, the main allegation is against Shaksham Singh and Prince Kumar beside Mauri and Buli Kumari. They have no criminal antecedent and the injuries have been found to be simple in nature.
5. Learned APP opposes the prayer stating that omnibus allegation is against all the accused persons.
6. Taking into account the aforesaid facts as also that no direct role has been attributed to these four petitioners, they have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Nayagaon P.S. Case No. 84 of 2025 to the satisfaction of learned Judicial Magistrate 1st Class, Saran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
Patna High Court CR. MISC. No.66444 of 2025(2) dt.17-09-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T