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2025 DAILYLAW 107536 (PAT)

Surajanand Bahardar v. The State of Bihar

CR. MISC./83444/2025 · 2025-12-18

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83444 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- Bathnaha District- Araria ====================================================== Surajanand Bahardar S/o Late Phatakan Bahardar R/o Village - Bhawani Pur, Ward No. 16, P.S - Bathnaha, District - Araria, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nishant Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 18-12-2025 Heard learned Advocate for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Bathnaha P.S. Case No.50 of 2025 registered for the offences punishable under Sections 126(2), 329(4), 115(2), 118(1), 109, 303(2), 351(2) and 3(5) of the BNS. 3. The allegation against the petitioner is of causing assault to the informant and his son by means of dabiya over their head and other parts of their body due to which they sustained serious injuries, besides the allegation against other co-accused persons of causing assault to other family members of the informant and snatching of valuables. 4. Learned Advocate for the petitioner contended that besides the fact that there was previous enmity between the Patna High Court CR. MISC. No.83444 of 2025(2) dt.18-12-2025 2/3 parties, so far the injuries which are duly attributed to the petitioner is concerned, the same have been found to be simple in nature as is evident from the impugned order itself. It is submitted that though in the free fight took place between the parties, five persons have sustained unfortunate injuries, but all the injuries have been found to be simple in nature. The name of the petitioner has been implicated with specific accusation only on account of he being karta of the family. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State submitted that the petitioner has actively participated in the crime and brutally assaulted the informant and his son, besides other family members, due to which all of them sustained serious injuries. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and considering the accusation against the petitioner qua the simple nature of injuries as well as his fair antecedent, let the above named petitioner, be released on bail, in the event of his 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 Patna High Court CR. MISC. No.83444 of 2025(2) dt.18-12-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bathnaha P.S. Case No.50 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further following conditions:- (i) One of the bailors shall be the own/close family members of the petitioner. (ii) If the petitioner is found involve in intimidating/ threatening the witnesses or the informant or would indulge in such activities in future, the informant/State shall be at liberty to file appropriate application for cancellation of his bail bond(s). rohit/- (Harish Kumar, J) U T