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2025 DAILYLAW 98554 (PAT)

Girdhari Singh v. The State of Bihar

CR. MISC./8483/2025 · 2025-04-29

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8483 of 2025 Arising Out of PS. Case No.-364 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1. Girdhari Singh S/o Late Taufi Singh Resident of village - Barhara ward no 05, Police station- Raniganj, District- Araria 2. Kush Singh @ Amar Kumar Singh @ Amar Kumar S/o Sudhir Singh Resident of village - Barhara ward no 05, Police station- Raniganj, District- Araria 3. Saroj Singh @ Saroj Kumar S/o Late Bijendra Singh Resident of village - Barhara ward no 05, Police station- Raniganj, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Mukesh Kumar Rana, Advocate For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 29-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 354, 447, 504, 506 and 379 of the Indian Penal Code. 3. The prosecution case, in brief, is that on 19.07.2020 at around 3:30 PM, while informant, along with her family members, was ploughing her field in the meantime, all the F.I.R. named accused persons, including these petitioners, variously armed, arrived there and assaulted informant by means of fist Patna High Court CR. MISC. No.8483 of 2025(2) dt.29-04-2025 2/3 and kicks. It is further alleged that when husband and brother- in-law (Bhaisur) of informant came to save her, they were also assaulted by the accused persons. It is alleged that co-accused Sushil Singh gave Farsa blow on head of brother-in-law (Bhaisur) of informant and co-accused Amit Singh assaulted brother-in-law (Bhaisur) of informant by means of lathi. Co- accused Rajesh Singh gave Farsa blow on head of husband of informant. It is further alleged that all the accused persons also assaulted nephew and son of informant by means of lathi and sticks and co-accused Ranjan Devi snatched gold chain from informant. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against other co- accused persons. So far as these petitioners are concerned, there are general and omnibus allegations and there no specific accusation of overt act has been alleged against them. It is further submitted that doctor has found the injuries sustained by nephew and son of informant to be simple in nature. Similarly situated co-accused person has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Patna High Court CR. MISC. No.8483 of 2025(2) dt.29-04-2025 3/3 Hon’ble Court vide order dated 13.04.2022 passed in Cr. Misc. No. 40563 of 2021. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 Additional Chief Judicial Magistrate-VI, Araria in connection with Raniganj P.S. Case No. 364 of 2020, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T