Narendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70956 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== 1.
Narendra Kumar Son of Late Suresh prasad R/o Village - Akala Bigha, P.S. - Ghosi, Dist. - Jehanabad.
2.
Nagendra Kumar Son of Late Suresh Prasad R/o Village - Akala Bigha, P.S. - Ghosi, Dist. - Jehanabad.
3.
Niraj Kumar Son of Sivam Ram R/o Village - Sikariya, P.S. - Ghosi, Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the parties.
2. The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 303(2), 252, 351(2) of the Bharatiya Nyaya Sanhita and Section 27 of Arms Act.
3. The prosecution case, in short, is that the accused persons, including the petitioners, entered the house of the informant, abused and assaulted the ladies of his family, attempted to outrage their modesty, and also opened fire on the informant's daughter-in-law. It is further alleged that they snatched ornaments and mobile phones during the occurrence.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.70956 of 2025(2) dt.08-10-2025 2/3 this case due to enmity and grudge. There are no specific allegations levelled against the petitioners. It is further submitted that, for the alleged incident, there is a case and counter-case between the parties. The mother of petitioner Nos. 2 and 3 lodged Ghoshi P.S. Case No. 223 of 2025 against the informant for offences under Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2), 3030(2), 74 of the Bhartiya Nyaya Sanhita, and Section 27 of the Arms Act. He further submits that no injury was caused to any person from the informant's side, though allegations of opening fire by these petitioners have been made in the FIR. Lastly, it is submitted that petitioner no. 1 has two criminal antecedents, in which he is on bail; petitioner no. 2 has no criminal antecedents; and petitioner no. 3 has one criminal antecedent, in which he is on bail.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Considering the fact that the allegations does not corroborate with the factual position of the instant case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.70956 of 2025(2) dt.08-10-2025 3/3 like amount each to the satisfaction of the learned C.J.M., Jehanabad/Successor Court in connection with Ghoshi P.S. Case No.222 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) 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. (Ajit Kumar, J) shikha/- U T