Rajnish Kumar @ Tun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80827 of 2025 Arising Out of PS. Case No.-240 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== 1.
Rajnish Kumar @ Tun Singh S/O Tripit Narayan Singh Village Nouma, P.S. Halsi, District Lakhisarai 2.
Sanjay Kumar S/O Late Chandradeo Singh R/V Village- Noumaa, P.S. - Halsi, Dist. - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Halsi P.S. Case No.240 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 329(3), 117(2), 109(1), 303(2) and 3(5) of the BNS, 2023.
3. On account of a dispute regarding drainage of the house, allegedly the petitioner no.1 assaulted the informant over his head on the exhortation made by the petitioner no.2. Later on, the petitioner no.2 fled away from the place of occurrence by resorting firing.
4. Learned Advocate for the petitioners contended that
Patna High Court CR. MISC. No.80827 of 2025(2) dt.04-12-2025 2/3 with respect to an occurrence, which took place on 20.09.2025, the present FIR came to be instituted on 22.09.2025. The reason behind the occurrence is a dispute with regard to the drainage, which led to a free fight between the parties, resulting into institution of the case and counter case, bearing Halsi P.S. Case No.241 of 2025 against the informant and others. There are pending litigation between the parties and a proceeding under Section 144 CrPC was also initiated. The injury which is allegedly sustained to the informant is found to be simple in nature. Moreover, the petitioner no.1 bears one criminal antecedent, whereas the petitioner no.2 has fair antecedent. However, both of them undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated and assaulted the informant and others.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and considering the genesis of the occurrence, coupled with the factum of case and counter case as also the simple nature of injury, besides the unexplained delay in lodging of the FIR, let the above named petitioners, be released
Patna High Court CR. MISC. No.80827 of 2025(2) dt.04-12-2025 3/3 on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Lakhisarai in connection with Halsi P.S. Case No.240 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T