Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81768 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- DELHA District- Gaya ====================================================== Banti Kumar, Son of Late Butta Manjhi, Resident of Village - Andar Bairagi, P.S. - Delha, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Delha P.S. Case No. 120 of 2025 registered for the offences punishable under Sections 125, 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The allegation against the petitioner is of resorting firing along with other accused persons over the house of the informant.

4. Learned Advocate for the petitioner referring to the F.I.R. contended that save and except the omnibus allegation of resorting to firing, there is no allegation that any person sustained injury or damage has been caused to the property. There is complete denial of the entire allegation and it is submitted that on account of a previous enmity, the present

Patna High Court CR. MISC. No.81768 of 2025(2) dt.10-12-2025 2/2 F.I.R. has been lodged. The petitioner is a man of fair antecedent and prior to the institution of the present case, he had never been involved in any crime. During the course of investigation, no other material or any incriminating material has been recovered from the whereabouts of the petitioner.

5. On the other hand, learned APP for the State vehemently opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 120 of 2025, subject to the condition as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T