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2025 DAILYLAW 93985 (PAT)

Rajesh Kumar Singh v. The State of Bihar

CR. MISC./81218/2025 · 2025-12-09

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81218 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== 1. Rajesh Kumar Singh, S/O Shiv Kumar Singh, R/O Village- Karma Bhagwan, P.S- Aurangabad Mufassil, Dist.- Aurangabad (Bihar). 2. Reena Singh, W/O Rajesh Kumar Singh, R/O Village- Karma Bhagwan, P.S- Aurangabad Mufassil, Dist.- Aurangabad (Bihar). 3. Manish Kumar, S/O Binod Singh @ Vinod Singh, R/O Village- Gajni Karma, P.S- Nabinagar, Distt.- Aurangabad (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 09-12-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Aurangabad Mufassil P.S. Case No. 153 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 352, 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. In order to resolve a land dispute, the parties were restrained to construct over the land, in question. Nonetheless, the petitioners were started constructing over the land, in question, and when the same was protested, the petitioners along with others brutally assaulted the informant and others by Patna High Court CR. MISC. No.81218 of 2025(2) dt.09-12-2025 2/3 means of Lathi, Iron Rod, brick and pistol, due to which the informant sustained injuries. 4. Learned Advocate for the petitioners submitted that from the narratives of the F.I.R., the reason for the occurrence is said to be the parties were bickering over the land dispute. All the more on account of the said dispute they entered into a free fight, resulting into injuries to the persons of both the sides and institution of the case and counter case, being Aurangabad Mufassil P.S. Case No. 154 of 2025, instituted against the informant and his family members and other associates. So far the injuries, which is allegedly sustained to the informant is concerned, the same does not corroborate with the allegation, inasmuch as only one lacerated injury has been found over the body of the informant, caused by sharp cut weapon, but the same is simple in nature. 5. On the other hand, learned APP for the State vehemently opposes the bail application. 6. Having considered the submissions Advanced by the learned Advocate for the respective parties and taking note of the factum of the case and counter case, coupled with the simple nature of injuries, besides the fair antecedent of the petitioners, let the petitioners, named above, in the event of their Patna High Court CR. MISC. No.81218 of 2025(2) dt.09-12-2025 3/3 arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 153 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- (Harish Kumar, J) U T