IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84949 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- Baijnathpur District- Saharsa ====================================================== 1. Surendera Thakur @ Surendra Thakur S/O Khushilal Thakur R/O Vill.- Bancholha, Ward No. 3, P.S.- Baijnathpur, District- Saharsa 2. Girija Devi W/O Surendra Thakur @ Surendra Thakur R/O Vill.- Bancholha, Ward No. 3, P.S.- Baijnathpur, District- Saharsa ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nafisu Zzoha, Adv. For the Opposite Party/s : Mr.Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 10-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Baijnathpur P.S. Case No.100 of 2025, registered for the offences under Sections 190, 191(2), 191(3), 115(2), 126(2), 118(1), 109, 303, 351(2) and 352 of the BNS. 3. As per the prosecution case, the younger brother of the informant was assaulted by the petitioners and other co- accused persons who were armed with rod, lathi, knife and razor. On order being given by the petitioners, co-accused persons caught hold of the brother of the informant and co- accused Ratan Thakur stabbed him below the neck and co- Patna High Court CR. MISC. No.84949 of 2025(2) dt.10-12-2025 2/3 accused Chandan Thakur gave a blow of razor in the ribs of the brother of the informant. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Learned counsel for the petitioners submits that there is no specific allegation of assault against the petitioners who are husband and wife and aged about 64 and 54 years, respectively. Specific allegation of stabbing is against co-accused Chandan Thakur and Ratan Thakur. The petitioners are in custody since 21.08.2025 and they have no criminal antecedent. Charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation of assault against the petitioners and they are merely said to be order givers and further considering the period of custody of the petitioners and submission of charge sheet, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Patna High Court CR. MISC. No.84949 of 2025(2) dt.10-12-2025 3/3 Saharsa/concerned court, in connection with Baijnathpur P.S. Case No.100 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T