Teshar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 74293 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Teshar Singh S/O Late Mathura Singh R/O Sangrampur Mathiya, P.SSangrampur, Distt.- East Champaran, Bihar. 2.
Prem Kumar Singh S/O Baliram Singh R/O Sangrampur Mathiya, P.SSangrampur, Distt.- East Champaran, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surabhi Suman For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE HARISH KUMAR ORAL ORDER 24-11-2025 Heard Ms Surabhi Suman, learned Advocate for the petitioners and Mr Sanjay Kumar Pandey, learned Advocate for the State.
2 The petitioners are apprehending their arrest in connection with Sangrampur PS Case No 338 of 2024 dated 29.11.2024 registered for the offence punishable under Sections 126 (2), 115 (2), 118 (1), 117 (2), 109, 303 (2), and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3 Allegedly, whiled the informant was engaged in plantation of banana plants, in the meanwhile, all the FIR named accused persons including the petitioners came there and protested for the same. It is further alleged that petitioner No 1
Patna High Court CR. MISC. No.74293 of 2025(2) dt.24-11-2025 2/3 along with co-accused Rajendra Singh caught hold the hand of the informant and, thereafter, co-accused Jhunnu Kumar Singh assaulted him by means of iron rod. In the meanwhile, petitioner No 2 has stealthily snatched Rs 1,280/- from the pocket of the informant. There is further allegation against the accused persons of causing further assault to the informant and others.
4 Learned Advocate for the petitioners submits that even as per the narration made in the FIR, there is no specific allegation of any overt act against the petitioners except of catching hold the informant and snatching of money from the pocket of the informant. So far the specific accusation of causing assault is concerned, the same has been levelled against the other accused persons. In fact, the present case is nothing but a counterblast to Sangrampur PS Case No 336 of 2024 instituted against the informant and others. The genesis of the occurrence has nothing but a land dispute over which both the parties are bickering for so many years. Moreover, the petitioners are men of fair antecedent and they undertake that they will fully cooperate in the proceedings of the case. 5 On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the
Patna High Court CR. MISC. No.74293 of 2025(2) dt.24-11-2025 3/3 petitioners have actively participated in the crime and assaulted the informant.
6 Regard being had to the submission advanced on behalf of the respective parties and considering the factum of case and counter case coupled with the allegations of limited role of the petitioners besides their fair antecedent, let the petitioners, in the event of their arrest/surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 02nd Class, Motihari in Sangrampur PS Case No 338 of 2024 dated 29.11.2024 subject to all conditions as laid down in Section 482 of the BNSS 2023.
(Harish Kumar, J) M.E.H./- U T