Devanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.795 of 2026 Arising Out of PS. Case No.-135 Year-2025 Thana- DEWARIA District- Muzaffarpur ====================================================== 1 .

Devanand Kumar S/o Late Rajendra Prasad R/o Chand Kewari, P.S.- Deoria, District- Muzaffarpur 2.

Ramanand Kumar Son of Late Rajendra Prasad R/o Chand Dewari, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi , Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 191 ( 2 ), 126 ( 2 ), 115 ( 2 ), 117 ( 2 ), 109, 303 ( 2 ), 352 and 351 ( 2 ) of BNS.

3 . As per the prosecution case , all the F.I.R. named accused persons including these petitioners armed variously came and assaulted informant and his family members. Petitioner No. 1 assaulted informant with farsa due to which he sustained injury .

4. Learned counsel for the petitioners contended that allegation of assault is general and omnibus against these petitioners. Petitioners claim clean antecedent. 5 . Learned counsel for the State opposed the bail and submitted that there is specific allegation against petitioner No.

Patna High Court CR. MISC. No.795 of 2026(2) dt.21-01-2026 2/2 1 that he assaulted informant with farsa due to which he sustained injuries.

6. Considering the nature of accusation against petitioner No. 1 , the prayer for pre - arrest bail of petitioner No. 1 is rejected.

7. Considering the fact that allegation of assault is general and omnibus against petitioner No. 2, clean antecedent and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner No. 2, as named above, 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 the learned Additional Chief Judicial Magistrate V , West, Muzaffarpur in connection with Deoria P.S. Case No. 135 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

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