Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73413 of 2025 Arising Out of PS. Case No.-167 Year-2025 Thana- FATUA District- Patna ====================================================== 1.
Mohan Kumar S/o Sanjay Yadav @ Sanjay Prasad R/o Village - Fatuhan Shishamil Kela Mandi, P.S - Fatuhan, District - Patna 2.
Tulsi Kumar S/o Sanjay Yadav @ Sanjay Prasad R/o Village - Fatuhan Shishamil Kela Mandi, P.S - Fatuhan, District - Patna 3.
Sanjay Yadav @ Sanjay Kumar @ Sanjay Prasad S/o Jay Ram Singh R/o Village - Fatuhan Shishamil Kela Mandi, P.S - Fatuhan, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Singh For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-11-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Fatuha P.S. Case No. 167 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 351(2), 352, 3(5) of the BNS.
3. Allegedly on the false pretext, the petitioner no. 1 called upon the informant in his house and later on put a pistol over his chest and assaulted him by means of butt over his head. There is further allegation that the petitioner nos. 2, 3 and other accused persons have also assaulted him.
4. Learned Advocate for the petitioners submitted that
Patna High Court CR. MISC. No.73413 of 2025(2) dt.19-11-2025 2/3 on account of business rivalry some scuffle took place and later on in order to wreak vengeance and put pressure, the present FIR came to be instituted with a concocted allegation. So far the injury which is allegedly sustained to the informant, the same has been found to be simple in nature. The petitioner nos. 1 and 2 bear three criminal antecedent, whereas petitioner no. 3 has absolutely fair antecedent.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that out of three petitioners, two of them are having three criminal antecedent and all of them have brutally assaulted the informant.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the allegation and the simple nature of injury, coupled with the genesis of the occurrence, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Patna City, Patna in connection with Fatuha P.S. Case No. 167 of 2025, subject to the conditions laid down in Section
Patna High Court CR. MISC. No.73413 of 2025(2) dt.19-11-2025 3/3 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T