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2025 DAILYLAW 101015 (PAT)

Rajesh Gope @ Rajesh Kumar v. The State of Bihar

CR. MISC./69738/2025 · 2025-10-07

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69738 of 2025 Arising Out of PS. Case No.-192 Year-2025 Thana- MALSALAMI District- Patna ====================================================== 1. Rajesh Gope @ Rajesh Kumar S/O Birja Gope @ Birja Prasad Yadav R/O Mohalla- Noorpur katra bazar, P.S.- Malsalami, Dist.- Patna. 2. Bhullu Rai @ Anil Kumar @ Anil Yadav S/O Birja Gope @ Birja Prasad Yadav R/O Mohalla- Noorpur katra bazar, P.S.- Malsalami, Dist.- Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Abhimanyu Deo, Advocate For the State : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-10-2025 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 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S.. 3. As per prosecution case, it is alleged that these two petitioners, along with 8 to 10 unidentified persons, armed with iron rod and knife, assaulted son of informant. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged Patna High Court CR. MISC. No.69738 of 2025(2) dt.07-10-2025 2/2 against these petitioners. As a matter of fact, the present case is counter-blast of Malsalami P.S. Case No. 191 of 2025 which is earlier in point of time. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and case and counter-case between the parties, 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 A.C.J.M.-IV, Patna City, Patna in connection with Malsalami P.S. Case No. 192 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T