IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68719 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== 1. Narendra Kumar @ Narendra Mahto S/O Rampratap Mahto R/O Ward no. 9 Ganeshpur, Babhangama, P.S.- Riga, Dist.- Sitamarhi. 2. Gajendra Kumar @ Gajendra Mahto S/O Rampratap Mahto R/O Ward no. 9 Ganeshpur, Babhangama, P.S.- Riga, Dist.- Sitamarhi. 3. Bittu Kumar S/O Rampratap Mahto R/O Ward no. 9 Ganeshpur, Babhangama, P.S.- Riga, Dist.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69016 of 2025 Arising Out of PS. Case No.-243 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== Kavita Devi W/O Narendra Kumar R/O Ward no. 9,Ganeshpur, Babhangama, P.S.- Riga, Dist.- Sitamarhi, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 68719 of 2025) For the Petitioner/s : Mr.Smiti Bharti For the Opposite Party/s : Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 69016 of 2025) For the Petitioner/s : Mr.Smiti Bharti For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 26-09-2025 1. Heard learned counsel for the petitioners as well as learned APP for the State. 2. Both the cases are being heard together as arising out of the same FIR. Patna High Court CR. MISC. No.68719 of 2025(2) dt.26-09-2025 2/3 3. The petitioners apprehend their arrest in connection with Riga P.S. Case no. 243 of 2025 registered under Sections 126(2), 115 (2), 109, 303(2), 324 (4), 352, 351 (2), 3(5) of Bhartiya Nyaya Sanhita, 2023. 4. The allegation in the first information is that all the accused persons came to the house of the informant upon dispute over demolishing of the wall. Accused Kavita Devi is said to have assaulted the informant on her head, while the other co-accused persons, including the petitioners, are also said to have assaulted her, causing injuries. 5. Learned counsel for the petitioners submits at the outset that the petitioners and the informant side are gotias, and there is a bona fide land dispute between the parties, and a partition suit is also pending adjudication, bearing partition suit no. 44/2001. It has further been submitted that there is a case and counter-case, and the case on the petitioner's side, as reflected in Annexure P/2, is earlier in point of time. Learned counsel for the petitioners further submits that the injuries sustained by the informant are also simple in nature. The petitioners undertakes to cooperate in the case/trial. 6. The application for anticipatory bail is opposed by learned A.P.P. for the State. Patna High Court CR. MISC. No.68719 of 2025(2) dt.26-09-2025 3/3 7. Taking into consideration the aforesaid facts and circumstances of the case and also considering that the case is of a land dispute between the parties resulting in a case and counter-case, coupled with the fact of the nature of the injury, which is simple, let the above named petitioners who have no criminal antecedent, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Riga P.S. Case no. 243 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Sitamarhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (a) It is further clarified that if it is shown before the learned Court concerned that the informant had suffered grievous injuries, then the bail bonds of the petitioner no. 1 Narendra Kumar, shall not be accepted in Cr. Misc. No. 68719/2025. krishnakant/- (Soni Shrivastava, J) U T