IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25340 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== 1. Indu Devi Wife of Suresh Rai R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 2. Santoshi Devi @ Kusum Devi W/o Sandeep Rai @ Sandeep Rai R/o Vill.- Kachharipur, P.S.- Sonbarsa, Distt.- Sitamarhi (Bihar) 3. Suresh Rai S/o Late Ganeshi Rai R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 4. Pappu Kumar S/o Mithilesh Yadav R/o Vill.- Ramnagar, P.S.- Saharghat, Distt.- Madhubani (Bihar) 5. Kashi Rai S/o Late Saryug Rai R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 6. Krishna Mohan @ Krishnamohan S/o Shekhar Kumar Yadav R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 7. Abhishek Kumar @ Abhishek Mohan S/o Shekhar Kumar Yadav R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 8. Virendra Paswan S/o Late Sumeshwar Paswan @ Muneshwar Paswan R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 9. Jawahar Yadav @ Jawahar Lal Yadav S/o Late Videshi Rai @ Videshi Yadav R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 10. Shekhar Kumar Yadav S/o Late Videshi Rai @Videshi Yadav R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 11. Sahil Kumar @ Sahil Yadav S/o Shekhar Kumar Yadav R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 12. Angaj Kumar @ Angaj Sahani @ Angaj S/o Ram Kishore Sahani R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) 13. Rupesh Kumar S/o Suresh Rai R/o Village- Nonahi, P.S.- Parihar, District- Sitamarhi (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate For the State : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 19-06-2025 Heard Mr. Rakesh Mohan Singh, learned counsel for the petitioners as well as Mr. Ram Bilash Roy Raman, learned Patna High Court CR. MISC. No.25340 of 2025(3) dt.19-06-2025 2/4 Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Parihar P.S. Case No. 304 of 2024, F.I.R. dated 05.10.2024 for the offences punishable under Sections 191(1), 121(1), 121(2), 132, 309(4) of the BNS, 2023. 3. According to prosecution case, all the FIR named accused persons including the petitioners are said to have obstructed government work, abused and assaulted police personnel. It is further alleged that they also looted SLR gun from the constable and ran away. Police personnel tried to chase them but they managed to escape taking the advantage of darkess by pelting stones and bricks. 4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and from perusal of the F.I.R it appears that there is no specific allegation of any assault or overt act against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners. As far as allegation of looting of SLR gun from the constable is concerned, the same was recovered for which Parihar Case No. 305 of 2024 was Patna High Court CR. MISC. No.25340 of 2025(3) dt.19-06-2025 3/4 instituted. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that the petitioners are named in the F.I.R and apart from that except petitioner nos. 1 to 8 and 11 to 13, petitioner no. 9 has one criminal antecedent other than the present one and petitioner no. 10 has two criminal antecedent other than the present one but but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner no. 10 is on bail in one of the two cases. 6. Considering the aforesaid facts and circumstances that there is no specific allegation of assault or overt act and the looted SLR gun was recovered from near the Airtel tower for which Parihar P.S. Case No. 305 of 2024 was instituted and petitioner nos.1 to 8 and 11 to 13 have clean antecedent, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 the learned Chief Judicial Magistrate-1st Class, Sitamarhi in connection with Parihar P.S. Case No. 304 of 2024, subject to the conditions as Patna High Court CR. MISC. No.25340 of 2025(3) dt.19-06-2025 4/4 laid down under Section 438(2) of the Code of Criminal Procedure/ 482 (2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. priyanka/- (Rajesh Kumar Verma, J) U T