Bhorik Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80984 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- SANJHOLI District- Rohtas ====================================================== Bhorik Singh, Son of Shivadhar Singh, Resident of village - Charpurwa, P.O.- Rajpur, P.S.- Sanjhauli, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sanjhauli P.S. Case No. 145 of 2025, registered for the alleged offences under Sections 126(2), 109(1), 352, 351 (2), 3 (5) of BNS, 2023.

3. As per prosecution case, the petitioner and other coaccused persons entered into an altercation with the informant and abused her. They freed the cow of the informant and drove her out. The petitioner caught hold of the son of the informant and the co-accused stabbed him in chest and they also assaulted the informant. The petitioner and other co-accused persons were carrying country made pistols.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.80984 of 2025(2) dt.03-12-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation of any assault against the petitioner and the allegation against the petitioner and other coaccused persons is general and omnibus. The allegation of stabbing the son of the informant is against other co-accused person and not against this petitioner. Even the injury report of the son of the informant is suspicious as injury report was prepared in a private hospital and the son of the informant was not taken to a government hospital. The doctor who issued the injury report was himself an accused in Bikramganj P.S. Case No. 38 of 2021. The learned counsel further submits that the petitioner is having clean antecedent and is in custody since 28.07.2025. The charge sheet has been submitted in this case.

5. Learned APP vehemently opposes the submission made on behalf the petitioner.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation of any assault against the petitioner and further considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.80984 of 2025(2) dt.03-12-2025 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Bikramganj, Rohtas at Sasaram/court concerned, in connection with Sanjahuli P.S. Case No. 145 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T