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2025 DAILYLAW 9651 (PAT)

Suresh Das v. The State of Bihar

CR. MISC./6522/2025 · 2025-03-03

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6522 of 2025 Arising Out of PS. Case No.-643 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1. Suresh Das S/O Late Rameshwar Das R/O Village- Jethaur, P.S- Amarpur, District- Banka. 2. Binod Das S/O Suresh Das R/O Village- Jethaur, P.S- Amarpur, District- Banka. 3. Shrawan Das S/O Suresh Das R/O Village- Jethaur, P.S- Amarpur, District- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandan Prasad For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita. 3. As per the prosecution case, on 19.09.2024, while the informant was returning home, these petitioners alongwith other co-accused persons came and started assaulting him. It is further alleged that co-accused Deva Das assaulted with Farsa on the head of informant and co-accused Abhishek Das gave Khanti blow on the left leg of informant. Patna High Court CR. MISC. No.6522 of 2025(2) dt.03-03-2025 2/2 4. Learned counsel for the petitioners submits that as per F.I.R. itself, specific accusation of assault is against other co-accused persons. So far as these petitioners are concerned, there is general and omnibus allegation and no specific allegation of overt act is alleged against them. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State has opposed the bail petition. 6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 643 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. anay (Prabhat Kumar Singh, J) U T