Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 70801 (PAT)

Bitu Kumar Singh @ Bittu Kumar Singh v. The State of Bihar

CR. MISC./59832/2025 · 2025-09-04

Prabhat Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59832 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- SAHAR District- Bhojpur ====================================================== 1. Bitu Kumar Singh @ Bittu Kumar Singh son of Umesh Singh Resident of Village- Piparpati, P.S.- Krishnagarh, District- Bhojpur 2. Mohit Kumar @ Mohit Kumar Singh son of late Vinod Kumar Singh Resident Of Village- Bajreya, Ps- sahar, Dist- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 04-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 126(2), 109, 74, 303(2), 117(2) and 352 of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, the allegations against petitioner no. 1, namely, Bittu Kumar Singh is that he assaulted the informant with iron rod, fighter, lathi, danda and butt of gun and tore her cloths and this petitioner no. 2, namely, Mohit Kumar along with other co-accused persons assaulted the son of the informant. Patna High Court CR. MISC. No.59832 of 2025(2) dt.04-09-2025 2/3 4. Learned counsel for the petitioners submits that due to property dispute between the parties, this false and concocted case has been lodged against these petitioners. Petitioner no. 1 is nephew of informant and petitioner no. 2 is maternal brother of petitioner no. 1. Though, there is allegation against these petitioners of assaulting the informant and her son but there is no injury report on record to substantiate the same. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that there is no injury report on record, nature of accusation, clean antecedent of these petitioners and other circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 learned ACJM-II, Bhojpur at Ara in connection with Sahar P.S. Case No. 78 of 2025, subject to condition as laid down Patna High Court CR. MISC. No.59832 of 2025(2) dt.04-09-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. aditya/- (Prabhat Kumar Singh, J) U T