IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47386 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Heera Patel Son of Late Thakuri Patel Resident of Vill- Ramauli, P.S.- Shikarpur, Dist- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Adv. For the Opposite Party/s : Mr.Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 176 of 2025, registered for the offences under Sections 126(2), 115(2), 117(2), 109, 351(2), 3(5) of the BNS. 3. As per the prosecution case, petitioner and other co- accused persons who were variously armed, assaulted the informant causing fracture of his ribs. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is unexplained delay of ten days in lodging the FIR. Learned counsel further submits that prior to lodging of the FIR by the informant, Shikarpur P.S. Patna High Court CR. MISC. No.47386 of 2025(2) dt.30-07-2025 2/3 Case No. 168 of 2025 has been lodged by coaccused Mangal Patel against the informant and others who caused injuries to Mangal Patel, his son, his grandson and his wife. The present case is counter blast to the aforesaid case. One Title Appeal No. 13 of 2024 with regard to disputed land is also pending between the parties. Learned counsel further submits that there is no allegation of repetition of assault and Section 109 of the BNS is not made out against the petitioner. The petitioner is in custody since 15.03.2025 and charge sheet has been submitted. The petitioner is having antecedent of six cases but all these cases have been lodged prior to the year 2004. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that fardbeyan was recorded on 05.02.2025 at GMCH Bettiah and this explains the delay in lodging of the FIR. There is specific allegation against the petitioner that he hit on the head of the informant with rod. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner in the background of case and counter case and also civil dispute between the parties, the petitioner is directed to be Patna High Court CR. MISC. No.47386 of 2025(2) dt.30-07-2025 3/3 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, Bettiah/concerned court, in connection with Shikarpur P.S. Case No. 176 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 petitioner. (ii) The petitioner 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 petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T