Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77159 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- JALE District- Darbhanga ====================================================== 1.

Shiv Shankar Singh S/O Late Bishunudeo Singh R/O Vill.- Joiara, Ward No.- 09, P.S.- Jale (Jalley), Dist.- Darbhanga 2.

Dhanveer Singh @ Dhanvir Kumar Singh S/O Shiv Shankar Singh R/O Vill.- Joiara, Ward No.- 09, P.S.- Jale (Jalley), Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 329(3), 329(4), 303(2), 305, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.

3. It is alleged that on 14.04.2025 at about 5 PM, all the F.I.R. named accused persons, including these petitioners, assaulted informant by means of iron rod, farsa, lathi as a result of which, he sustained head injury. It is further alleged that the accused persons also took away gold chain worth Rs. 1,50,000/- from the neck of informant and Rs. 60,000/- from the almirah.

Patna High Court CR. MISC. No.77159 of 2025(2) dt.11-12-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioner no. 1 is own brother and petitioner no. 2 is nephew of the informant and due to land dispute between the parties, these petitioners have falsely been implicated in this case. F.I.R. has been lodged after inordinate delay of about ten days which itself raises doubt over veracity of the prosecution case. Allegation of assault is general and omnibus. Injuries sustained by the injured are simple in nature. Rest of the allegations are ornamental only to make the case grave. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga in connection with Jale (Jalley) P. S. Case No. 86 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha

Patna High Court CR. MISC. No.77159 of 2025(2) dt.11-12-2025 3/3 Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T