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2025 DAILYLAW 8149 (PAT)

Ajay Kumar v. The State of Bihar

CR. MISC./2623/2025 · 2025-02-05

Ramesh Chand Malviya

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2623 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== 1. Ajay Kumar S/O Prabhu Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 2. Dhananjay Kumar S/O Prabhu Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 3. Manjay Kumar S/O Prabhu Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 4. Vijay Kumar @ Vijay Sah S/O Prabhu Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 5. Prabhu Sah S/O Yogehswar Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 6. Hema Devi S/O Prabhu Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. 7. Puja Devi W/O Vijay Sah R/O Village- Chashi Pakar, P.S- Chakia, Distt.- East Champaran, Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Atul Kumar, Advocate Mr. Dhander Kumar, Advocate Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. Petitioners seek their arrest for an offence punishable under Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita. 3. As per allegation in the FIR, the petitioners along Patna High Court CR. MISC. No.2623 of 2025(2) dt.05-02-2025 2/3 with other co-accused persons assaulted the informant and her family members by means of iron rod and sword. 4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in this case. He further submits that petitioner nos. 6 and 7 are ladies and they have got clean antecedent. He further submits that there is no specific allegation against the petitioner nos. 6 and 7. 5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that petitioner nos. 6 and 7 being ladies. 6. Considering the aforesaid facts and circumstances that petitioner nos. 6 and 7 being ladies and they have got clean antecedent and there is no specific allegation against both the ladies, let the petitioner nos. 6 and 7, namely, Hema Devi and Puja Devi, be released on anticipatory bail, in the event of their arrest or surrender before the Court below, within a period of six weeks from today, on their furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran, Motihari/ concerned Court in connection with Chakia P.S- Case No.255 of 2024, subject to Patna High Court CR. MISC. No.2623 of 2025(2) dt.05-02-2025 3/3 the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. So far as the petitioners, namely, Ajay Kumar, Dhananjay Kumar, Manjay Kumar, Vijay Kumar @ Vijay Sah, Prabhu Sah, there is direct allegation against the petitioners for assaulting the informant and her family members which caused head injuries on the informant and her family members , hence, their prayer for bail of the petitioners is hereby, rejected. Harshita/- (Ramesh Chand Malviya, J) U T