Hiralal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67186 of 2025 Arising Out of PS. Case No.-389 Year-2025 Thana- DHAKA District- East Champaran ====================================================== 1.

Hiralal Ram S/o Asharif Ram Resident of village - Chainpur Dhaka, P.s.- Dhaka, Distt.- East Champaran 2.

Asharfi Ram S/o Rijhan Ram Resident of village - Chainpur Dhaka, P.s.- Dhaka, Distt.- East Champaran 3.

Sonalal Ram S/o Asharfi Ram Resident of village - Chainpur Dhaka, P.s.- Dhaka, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Dhaka P.S Case No. 389 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 3(5) of the BNS.

3. As per allegation in the FIR, petitioner along with accused persons have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.67186 of 2025(2) dt.24-09-2025 2/3 submits that there is case and counter case between the informant and the petitioner. He further submits that the injury sustained by the informant are found to be simple in nature. He further submits that there is inordinate delay of three days in lodging the FIR on 16.07.2025 in respect of the alleged occurrence which is said to have taken place on 13.07.2025 and there is no satisfactory explanation for the same. He further submits that both the parties are agnates. He further submits that there is general and omnibus allegation against the petitioners. He further submits that petitioner have been made accused in the present case without any cogent evidence or material. He further submits that petitioner is in custody since 17.07.2025 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 25.08.2025, it appears that there is general and omnibus allegation against all the petitioners and all the person and received injury whether it is informant side or on the petitioner's side. Moreover, the injury sustained by the injures are in simple in nature. So, considering the aforesaid facts and circumstances, this Court is, let the above named petitioners be released on bail

Patna High Court CR. MISC. No.67186 of 2025(2) dt.24-09-2025 3/3 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dhaka in connection with Dhaka P.S. Case No. 389 of 2025. (Ramesh Chand Malviya, J) Sunnykr/- U