IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12342 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1. Beni Singh Son Of Late Balli Singh Resident Of Vill-Mahuli, P. S.- didarganj, Dist-Patna. 2. Ajay Singh @ Ajay Kumar Son Of Beni Singh Resident Of Vill-Mahuli, P. S.-didarganj, Dist-Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad, Adv. For the Opposite Party/s : Mr.Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 07-03-2025 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 Didarganj P.S. Case No. 338 of 2024, registered for the offences under Sections 126(2), 115(2), 109, 352, 351(3) & 3(5) of the B.N.S. and Section 27 of the Arms Act. 3. As per the prosecution case, petitioners and other co-accused persons, variously armed, assaulted the father of the informant. Co-accused Vijay Singh hit him on the head with iron rod and the petitioner Ajay Singh gave him a lathi blow on right hand. The assailants also hit one of the labourers working in the field of the informant and petitioner Ajay Singh opened Patna High Court CR. MISC. No.12342 of 2025(2) dt.07-03-2025 2/3 fire. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The FIR was lodged on 24.09.2024 for an occurrence of 22.09.2024 without any explanation for the delay. There is no specific allegation against the petitioner no. 1 and only allegation against the petitioner no. 2 is that of assaulting the father of the informant with lathi on his hand and opening fire. Learned counsel further submits that only grievous injury found on the person of the father of the informant is allegedly caused by co-accused Vijay Singh. The petitioners are in custody since 15.11.2024 and charge sheet has been submitted. Petitioners are having antecedent of one case but the learned District and Additional Sessions Judge-1st, Patna City while rejecting the prayer for bail mentioned two criminal antecedents which is an error of record. 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 non-specific and non-serious nature of allegation against the petitioners and further considering their period of custody and Patna High Court CR. MISC. No.12342 of 2025(2) dt.07-03-2025 3/3 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 J.M.F.C., Patna City/concerned court, in connection with Didarganj P.S. Case No. 338 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure 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 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