Putul Kumari @ Putul Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69151 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- PUSA District- Samastipur ====================================================== 1.
Putul Kumari @ Putul Devi Wife of Randhir Kumar Ray @ Randhir Kumar Resident of Village - Harpur Mahamda, P.S.- Pusa, District - Samastipur. 2.
Shubham Kumar Son of Randhir Kumar Ray @ Randhir Kumar Resident of Village - Harpur Mahamda, P.S.- Pusa, District - Samastipur. 3.
Suman Kumar Son of Randhir Kumar Ray @ Randhir Kumar Resident of Village - Harpur Mahamda, P.S.- Pusa, District - Samastipur. 4.
Randhir Kumar Ray @ Randhir Kumar Son of Ramdev Ray Resident of Village - Harpur Mahamda, P.S.- Pusa, District - Samastipur. ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences punishable under Sections 126 (2), 115 (2), 118 (1), 303 (2), 109 (1), 352, 351 (2), (3), 3 (5) of the B.N.S.
3. The allegation in the first information report is that the petitioners indulged in assault upon the informant and also caused injury to his brother, Shiv Shankar Singh when he intervened.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.69151 of 2025(2) dt.26-09-2025 2/3 there are general and omnibus allegation in the first informant report against the petitioners and no specific allegations have been pin pointed. There is allegation of assault with lathi and rod etc. but the injury has also not been indicated in the bail rejection order and it has not been stated that the same is grievous in nature. It is further submitted that there is case and counter case, which is mentioned in para-11 of the petition in which the petitioners's side have also suffered injuries of similar nature as stated in para-12 of the petition. Further, submission is that the first information report has been lodged after a substantial delay of seven days as the occurrence is said to have taken place on 07.05.2025 but the written application was given to the police station on 14.05.2025, without giving any cogent explanation for the said delay, which creates a serious doubt about the prosecution case.
5. Taking into consideration the facts and circumstances of the case and also considering the fact that both the parties are next door neighbours, there is case and counter case between the parties, the allegation is general and omnibus in nature and both sides have sustained injuries and also the fact that the petitioners have no criminal antecedent, let the above named petitioners, be released on bail, in the event of their
Patna High Court CR. MISC. No.69151 of 2025(2) dt.26-09-2025 3/3 arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Pusa P.S. Case No.53 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./Section 482 (2) of the B.N.S.S.
(Soni Shrivastava, J) Trivedi/- U T