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2025 DAILYLAW 13657 (PAT)

ARUN KUMAR DAS @ ARUN DAS v. The State of Bihar

CR. MISC./7149/2025 · 2025-02-19

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7149 of 2025 Arising Out of PS. Case No.-951 Year-2021 Thana- BANKA District- Banka ====================================================== 1. ARUN KUMAR DAS @ ARUN DAS S/o- Tileshwar Das Village- Vijaynagar Ps- Banka Dist- Banka 2. Mukesh Das @ Mukesh Harijan S/o- Jaykant Das Village- Lobandha Ps- Godda Dist- Godda Jharkhand 3. Ranjan Das @ Ranjan Kumar Harijan S/o- Jaykant Das Village- Lobandha Ps- Godda Dist- Godda Jharkhand 4. Jaykant Das @ Jaykant Harijan S/o- Mandoliya Harijan Village- Lobandha Ps- Godda Dist- Godda Jharkhand 5. Ranju Devi W/o- Rajesh Das Village- Bhadrar Ps- Banka Dist- Banka 6. Rajesh Das S/o- Haldar Das Village- Bhadrar Ps- Banka Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-02-2025 Heard learned Counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending arrest in connection with Banka P.S. Case No. 951 of 2021 registered on 01.12.2021 for the offences punishable under Sections of the Indian Penal Code. 3. As per the prosecution, the present F.I.R. has been Patna High Court CR. MISC. No.7149 of 2025(2) dt.19-02-2025 2/3 lodged against six persons. It is alleged in the F.I.R. that all the accused entered the house of the informant and assaulted her and her husband, causing injury to the informant's husband. 4. It is submitted by the learned counsel for the petitioner that the petitioners are innocent and have committed no offence. In fact, the petitioners and the informant are neighbours and related as 'gotia.' There is a case and a counter- case between the parties, both arising from the same date and place of occurrence, bearing Banka P.S. Case No. 951 of 2021 and Banka P.S. Case No. 950 of 2021. The injury sustained is simple in nature, and the petitioners have no criminal antecedents. Moreover, the petitioners are willing to comply with all conditions that may be imposed upon them. 5. Learned APP for the State opposes the prayer for bail of the petitioners. 6. In the facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Banka, in connection with Banka P.S. Case No. 951 of 2021, subject to the conditions as laid down under Section Patna High Court CR. MISC. No.7149 of 2025(2) dt.19-02-2025 3/3 438(2) of the Cr.P.C. 7. It is made clear that if, at the time of surrender or arrest, the petitioners are found to be absconders, this order shall not be made effective. However, if the petitioners are not found to be absconders, this order shall be made effective. Ashwini/- (Dr. Anshuman, J) U T