Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77913 of 2025 Arising Out of PS. Case No.-386 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Upendra Kumar Son of Ram Naresh Singh R/o Village - New Deliyan, P.S. - Dehri(T), Dist. - Rohtas at Sasaram.

2.

Sikandar Kumar Son of Naresh Singh R/o Village - New Deliyan, P.S. - Dehri(T), Dist. - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh, Advocate Mr. Shankar Kumar, Advocate For the State :

Mr. Upendra Kumar, APP For the Informant :

Mr. Ajay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Dehri Town P.S. Case No.-386 of 2025 dated 22.08.2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 351, 352 and 3(5) of B.N.S., 2023.

3. As per allegation, on account of land dispute, altercation took place in which injury has been caused to the informant's side.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.77913 of 2025(2) dt.03-12-2025 2/3 case. He further submits that as a matter of fact, on account of land dispute, altercation took place between the two sides and both sides got injury and case and counter case have been filed between them. He further submits that the injury caused to the informant's side is simple in nature as per the medical opinion and a copy of the same has been filed on record. The counter case filed by the petitioners' side is Dehri Town P.S. Case No. 387 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State and learned counsel for the Informant vehemently oppose the prayer of the Petitioners for bail submitting that the injury caused by the petitioners are on head i.e. vital part of the body and hand.

8. Considering the case and counter case and injury on both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this

Patna High Court CR. MISC. No.77913 of 2025(2) dt.03-12-2025 3/3 order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Dehri Town P.S. Case No.-386 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) shoaib/- U T