Tapan SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89510 of 2025
                     Arising Out of PS. Case No.-120 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
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           1.     Tapan Singh Son of Late Laxman Singh Resident of Village- Dumariya ,
                  P.S.- Dumariyaghat, District- East Champaran
           2.    Abhay Singh son of Tapan Singh Resident of Village- Dumariya , P.S.-
                 Dumariyaghat, District- East Champaran
           3.    Maini @ Md. Mainuddin Son of Jahruddin Miyan @ Zaharddin Miyan
                 Resident of Village- Dumariya , P.S.- Dumariyaghat, District- East
                 Champaran
                                                                   ... ... Petitioner/s
                                              Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   23-02-2026                    Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. At the outset, learned counsel for the petitioner

                   points out that vide order dated 15.01.2026, the prayer for

                   anticipatory bail in respect of petitioner No.1 has already been

                   withdrawn and now, the anticipatory bail application of

                   petitioner Nos.2 and 3 are being considered.

                               3. The petitioners are apprehending their arrest in

                   connection with Dumariyaghat P.S. Case No.120 of 2024, F.I.R

                   dated 03.06.2024 registered for the offences punishable under

                   Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian
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          Penal Code.

                      4. According to prosecution case, on 03.06.2024, the

          informant, Guddi Devi, lodged an FIR at Dumariyaghat Police

          Station regarding an incident that allegedly occurred on

          31.05.2024 at about 9:00 P.M. It is alleged that her son, Aditya

          Kumar, along with his friends, was returning from Bhawanipur

          when, near Dumariya Bazar Tower, the accused persons named

          in the FIR—including the petitioners and 5–6 others armed with

          lathis, iron rods, and sharp weapons—surrounded and abused

          them. On the alleged order of petitioner no. 1, Tapan Singh, co-

          accused Abhay Singh (petitioner no. 2) and Saddam Hussain

          allegedly assaulted Aditya Kumar with sharp weapons. It is

          further alleged that Abhay Singh inflicted a knife injury on

          Satish Singh. The accused persons, including petitioner no. 2

          and Sipahi Miyan, allegedly took Rs. 30,000 in cash from

          Aditya Singh and others. The injured persons were subsequently

          treated at Kesariya Primary Health Centre, following which the

          FIR was lodged.

                      5. Learned counsel for the petitioners submits that the

          injury sustained by the informant does not support the

          allegations made against the petitioners as the allegation of

          causing injury by sharp weapon is made against petitioner No.2
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          and with respect to petitioner No.3, the allegation of snatching

          of amount of Rs.3000 is said to have been made. It has next

          been submitted that the injuries are simple in nature which is

          said to have been caused by hard and blunt substance and

          petitioner No.2 has two criminal antecedent and is on bail in the

          said cases while petitioner No.3 has clean antecedent.

                      6. Learned APP for the State vehemently opposes the

          prayer for anticipatory bail application but he does not dispute

          the fact that the nature of injuries sustained by the informant

          does not support the allegations levelled in the F.I.R.

                       7. Considering the aforesaid facts and circumstances

          that the injury sustained by the informant does not support the

          allegations made against the petitioner and petitioner No.2 has

          two criminal antecedent and is on bail in the said cases while

          petitioner No.3 has clean antecedent. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioners.

                       8. Let the petitioners, above named, in the event of

          their 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)

          with two sureties of the like amount each to the satisfaction of
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                     the learned C.J.M., Motihari, East Champaran, in connection

                     with Dumariyaghat P.S. Case No.120 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T