Brajesh Kumar @ Lalan Kumar @ Lalan Singh vs The State Of Bihar on 19 April, 2025

Patna High Court – Orders

Brajesh Kumar @ Lalan Kumar @ Lalan Singh vs The State Of Bihar on 19 April, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87372 of 2024
                          Arising Out of PS. Case No.-218 Year-2024 Thana- BEUR District- Patna
                 ======================================================
           1.     Brajesh Kumar @ Lalan Kumar @ Lalan Singh Son of Late Siya Ram
                  Sharma Resident of Village-Beur, P.S.- Beur, Distt.- Patna
           2.    Anjay Kumar @ Ajay Kumar Son of Late Siya Ram Sharma Resident of
                 Village-Beur, P.S.- Beur, Distt.- Patna
           3.    Rita Devi wife of Brajesh Kumar @ Lalan Kumar @ Lalan Singh Resident
                 of Village-Beur, P.S.- Beur, Distt.- Patna
           4.    Preety Kumari @ Prity Kumari D/o- Brajesh Kumar @ Lalan Kumar @
                 Lalan Singh Resident of Village-Beur, P.S.- Beur, Distt.- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sabal Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-04-2025

Heard Mr. Sabal Kuamr Jha, learned Beur P.S. Case

No. 218 of 2024 counsel for the petitioners and Mr. Raj Ballabh

Singh, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in

connection with Beur P.S. Case No. 218 of 2024, F.I.R. dated

03.05.2024 for the offences punishable under Sections 341, 323,

325, 327, 329, 307, 379, 504, 506 and 34 of the Indian Penal

Code and under Section 27 of the Arms Act.

3. According to prosecution case, the petitioner

assaulted the informant due to some land dispute.
Patna High Court CR. MISC. No.87372 of 2024(3) dt.19-04-2025
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4. Learned counsel for the petitioners submits that

the petitioners have falsely been implicated in the present case.

It appears from the F.I.R. itself that due to land that there is

admitted land dispute the present occurrence has been taken

place. Although, the petitioners are named in the F.I.R. but from

the perusal of the F.I.R., it appears that there is specific

allegation against the co-accused, namely, Prince Raj and there

is also allegation against the petitioner nos. 1 and 2 in the F.I.R.

which suggests that Petitioner nos. 1 and 2 were the order giver.

Although, the informant has received the injury but the injury

report of the informant suggests that swelling on the head of the

informant 2″/2″ round due to Extra Cranial Hematoma which is

caused by hard and blunt object which also suggests that the

injury is simple in nature.

5. The learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioners and

submits that the petitioners are named in the F.I.R. and apart

from that petitioner no. 1 carries two cases, petitioner no. 2

carries two cases other than the present one and petitioner nos.

3 and 4 have been exonerated from all the cases mentioned in

para 3 of the bail petition that the petitioners are on bail in the

pending matter.

Patna High Court CR. MISC. No.87372 of 2024(3) dt.19-04-2025
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6. Considering the aforesaid facts that the due

admitted land dispute the present occurrence has been taken

place and the injury inflicted upon the informant is simple in

nature, let the petitioners, above named, in the event of arrest or

surrender before the court below within a period of thirty days

from the date of receipt of the order, be released 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 the

learned Judicial Magistrate 1st Class, Patna in connection with

Beur P.S. Case No. 218 of 2024, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal

Procedure/482(2) of the B.N.S.S., 2023 and with other

following conditions:-

i. Petitioners shall co-operate in the trial and shall

be properly represented on each and every date fixed by the

court and shall remain physically present as directed by the

court and on their absence on two consecutive dates without

sufficient reason, their bail bond shall be cancelled by the Court

below.

ii. If the petitioners tamper with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

Patna High Court CR. MISC. No.87372 of 2024(3) dt.19-04-2025
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iii. And further condition that the court below shall

verify the criminal antecedent of the petitioners and in case at

any stage it is found that the petitioners have concealed their

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioners. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J.)
Jyoti Kumari/-

U      T