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2025 DAILYLAW 73005 (PAT)

Vakil Singh @ Okil Singh v. The State of Bihar

CR. MISC./65101/2025 · 2025-09-17

Prabhat Kumar Singh

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65101 of 2025 Arising Out of PS. Case No.-289 Year-2025 Thana- HARNAUT District- Nalanda ====================================================== 1. Vakil Singh @ Okil Singh S/O Revat Singh Resident of Phalhanwan Lohara P.S.- Harnaut, Dist.- Nalanda 2. Kapil Singh S/O Revat Singh Resident of Phalhanwan Lohara P.S.- Harnaut, Dist.- Nalanda 3. Rakesh Kumar S/O Vakil Singh @ Okil Singh Resident of Phalhanwan Lohara P.S.- Harnaut, Dist.- Nalanda ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend his arrest in a case registered for the offence punishable under sections 190, 191 ( 2 ), 329 ( 4 ), 115 ( 2 ), 117 ( 2 ), 109 (1) , 351 (3) of BNS and 27 of Arms Act. 3 . The prosecution case in brief, is that informant namely Naresh singh alleged that on 17.06.2025 , all the F.I.R. named accused including these petitioners entered the house of informant with the intention to commit loot. Petitioner No. 3 fired four times in air and other accused persons assaulted Patna High Court CR. MISC. No.65101 of 2025(2) dt.17-09-2025 2/3 informant and co-accused Sangita devi, Asha devi, Muskan Kumari, Sushmita devi assaulted one Prema devi with lathi and danda due to which she sustained injury . 4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus against these petitioners. Though , petitioner No. 3 is alleged to have fired in air but no one sustained any firearm injury . These petitioners are not alleged to have assaulted Prema devi who sustained grievous injury . Allegation of assault is general and omnibus. Case and counter case . Petitioners claim clean antecedent. 5 . Learned counsel for the State opposed the bail petition . 6 Considering the aforesaid facts, case and counter case , clean antecedent of these petitioners, and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let these petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM - 1st Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 289 of 2025 , subject to the conditions laid down under section 482(2) Patna High Court CR. MISC. No.65101 of 2025(2) dt.17-09-2025 3/3 of the Bharatiya Nagarik Suraksha Sanhita , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T