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2025 DAILYLAW 30282 (PAT)

Md. Subhan v. The State of Bihar

CR. MISC./19632/2025 · 2025-04-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16632 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- GAURICHAK District- Patna ====================================================== 1. Santosh Bhagat @ Santosh Kumar S/O Late Birendra Bhagat Resident of Khaira P.S.- Gaurichak, Dist.- Patna. 2. Chotu Bhagat @ Abhishek Kumar S/O Late Birendra Bhagat Resident of Khaira P.S.- Gaurichak, Dist.- Patna. 3. Niket Bhagat @ Aniket Kumar S/O Late Birendra Bhagat Resident of Khaira P.S.- Gaurichak, Dist.- Patna. 4. Radhe Devi @ Radhamani Devi W/O Late Birendra Bhagat Resident of Khaira P.S.- Gaurichak, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar, Advocate For the Opposite Party/s : Mr.Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-04-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 115(2), 109, 352, 351,(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, on 09.09.2024 at 11:00 am, while informant was cooking food, all the accused- petitioners along with other co-accused persons brought a written stamp paper and asked him to sign on it. Informant's husband asked them to hand over the paper as he has poor eye sight. Thereafter, accused persons took the paper from the Patna High Court CR. MISC. No.16632 of 2025(2) dt.17-04-2025 2/3 informant's husband. Meanwhile, petitioners no. 1 and 2 hit informant's husband with iron rod and on hearing the sound, when informant came outside, she saw her husband in pool of blood and had fainted. Petitioner no. 3 pointed pistol on her husband. Informant has further alleged that one year ago, accused persons had asked informant's husband to transfer his property to them as he has no children. 4. It is submitted on behalf of the petitioners that parties are gotia. On the alleged date and time of occurrence, over a petty dispute, simple marpit took place between the parties in which both sides sustained injuries. There is case and counter case. F.I.R. has been lodged after delay of seven days without any explanation which renders the entire prosecution case doubtful. Petitioners claim clean antecedent. 5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned 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 Additional Chief Judicial Magistrate VI, Patna City in Gaurichak Police Station Case No. 514 of 2024, subject to the conditions laid down under Patna High Court CR. MISC. No.16632 of 2025(2) dt.17-04-2025 3/3 section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Shashi (Prabhat Kumar Singh, J) U T