IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52504 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Raj Karan Sah S/O Late Bhagirath Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 2. Anand Mohan Kumar S/O Mahesh Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 3. Ravi Kumr @ Ravi Sah S/O Nirmal Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 4. Shanni Kumar @ Shanni Sah @ Sunny Kumar S/O Nirmal Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 5. Kalawati Devi W/O Mahesh Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 6. Basamati Devi W/O Nirmal Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 7. Gayatri Devi @ Gaytri Devi W/O Raj Karan Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 8. Guddi Kumar @ Gudi Kumari D/O Mahesh Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran 9. Rinki Kumari D/O Mahesh Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69265 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== 1. Jai Karan Sah S/o Late Bhagirath Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari 2. Nirmal Sah S/o Late Bhagirath Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari 3. Mani Bhushan Kumar @ Mani Sah S/o Jai Karan Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari 4. Rinku Devi W/o Jai Karan Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari 5. Aaisee Kumari D/o Jai Karan Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari 6. Rajesh Sah S/o Nirmal Sah Resident of Village - Harbolwa, P.S. - Chiraiya, Patna High Court CR. MISC. No.52504 of 2025(3) dt.15-11-2025 2/6 District - East Champaran, Motihari 7. Ansuman Kumar @ Ansuman Sah@Anusuman Sah S/o Jai Karan Sah Resident of Village - Harbolwa, P.S. - Chiraiya, District - East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 52504 of 2025) For the Petitioner/s : Mr. Adarsh Ranjan, Advocate Mr. Pritish Ranjan, Advocate Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 69265 of 2025) For the Petitioner/s : Mr. Adarsh Ranjan, Advocate For the Opposite Party/s : Mr. Ajay Kumar Singh, Advocate For the State : Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 15-11-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. Both the cases are being taken up together as they arise out of the same P.S. Case being Chiraiya P.S. Case No.189 of 2025. 3. At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail applications with respect to petitioner No.2, Anand Mohan in Cr. Misc. No.52504 0f 2025 and the petitioner No.7, Ansuman Kumar @ Anusuman Sah in Cr. Misc. No.69265 of 2025 and does not wish to press the same. 4. Permission is accordingly granted. Patna High Court CR. MISC. No.52504 of 2025(3) dt.15-11-2025 3/6 5. The anticipatory bail application with respect to petitioner No.2, Anand Mohan in Cr. Misc. No.52504 0f 2025 and the petitioner No.7, Ansuman Kumar @ Anusuman Sah in Cr. Misc. No.69265 of 2025 stands dismissed as withdrawn. 6. The petitioner Nos.1 and 3 to 9 in Cr. Misc. No.52504 of 2025 and petitioner Nos. 1 to 6 in Cr. Misc. No.69265 of 2025 are apprehending their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 7. According to prosecution case, on 11.05.2025, a dispute arose when Jagdish Sah, the informant’s pattidar broke his drainage pipe. Around 2:00 PM, while he was repairing it, the accused persons named in the FIR, including the petitioners, came armed with weapons and iron rods and abused him. Anand Mohan Sah attacked the informant with a farsa, causing a bleeding head injury. When his son Ashok Sah tried to intervene, Anusuman Sah struck him on the head with a garasa, making him unconscious. Mani Sah hit Ashok with an iron rod, fracturing his left toe. Petitioners Rabi Sah, Rinku Kumari, Sunny Sah, and Kalawati Devi assaulted the informant’s daughter-in-law Kiran Devi with lathi, sticks, fists, and kicks. Patna High Court CR. MISC. No.52504 of 2025(3) dt.15-11-2025 4/6 All accused also assaulted the informant’s minor grandchildren with stones, lathi, and sticks. Mahesh Sah snatched Kiran Devi’s gold mangalsutra worth Rs.20,000. 8. Learned petitioner counsel for the petitioners submits that there is specific and direct allegation of assault to the informant with farsa by Anand Mohan and there is also specific allegation of assault by Anusuman Sah on the head of the son of the informant by means of garasa against whom the anticipatory bail application is not being pressed whereas with respect to other petitioners, there is no specific allegation rather the allegations are general and omnibus in nature and from the F.I.R., it appears that there was a free fight. 9. Learned APP for the State opposes the prayer for anticipatory bail application. 10. Considering the aforesaid facts and circumstances that there is no specific allegation on the remaining petitioners in both the cases, rather the allegations are general and omnibus in nature and the anticipatory bail application against petitioner No.2, Anand Mohan in Cr. Misc. No.52504 0f 2025 and the petitioner No.7, Ansuman Kumar @ Anusuman Sah in Cr. Misc. No.69265 of 2025 is not being pressed. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the Patna High Court CR. MISC. No.52504 of 2025(3) dt.15-11-2025 5/6 petitioner Nos.1 and 3 to 9 in Cr. Misc. No.52504 of 2025 and petitioner Nos. 1 to 6 in Cr. Misc. No.69265 of 2025. 11. 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 the learned Judicial Magistrate, 1st Class, Sikrahana at Dhaka, East Champaran, Motihari, in connection with Chiraiya P.S. Case No.189 of 2025, 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 of the petitioner(s) who shall provide official document 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, Patna High Court CR. MISC. No.52504 of 2025(3) dt.15-11-2025 6/6 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. sharun/- (Ajit Kumar, J) U T