IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7253 of 2025 Arising Out of PS. Case No.-560 Year-2024 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Bajendra Prasad @ Brajendra Kumar S/O Swaminath Prasad R/O Panchapakadiya, Padumpati, Kala Dumra, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7289 of 2025 Arising Out of PS. Case No.-560 Year-2024 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Rajnish Ranjan @ Tuntun Prasad S/O Late Swaminath Prasad R/o Panchapakadiya, Padumpati, Kala Dumra, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7676 of 2025 Arising Out of PS. Case No.-560 Year-2024 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Mukesh Kumar @ Mukesh Prasad Son of Swaminath Prasad Resident of Panchapakadiya, Padumpati, Kala Dumra, P.S.- G.B. Nagar, District - Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 7253 of 2025) For the Petitioner/s : Mr. Raju Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP (In CRIMINAL MISCELLANEOUS No. 7289 of 2025) For the Petitioner/s : Mr. Raju Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP (In CRIMINAL MISCELLANEOUS No. 7676 of 2025) For the Petitioner/s : Mr. Raju Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 24-03-2025 All the three Cr. Misc. applications have arisen out of the same occurrence and as such, have been heard together and Patna High Court CR. MISC. No.7253 of 2025(3) dt.24-03-2025 2/4 are being disposed of by passing this common order. 2. In compliance of the order dated 19.02.2025, Investigating Officer of this case – Ritesh Kumar is present in Court. 2. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 3. The petitioners are apprehending their arrest in connection with G.B. Nagar P.S. Case No. 560 of 2024 for the offence under Sections 103(1) and 61(2) of B.N.S. 4. As per the prosecution story, the informant – Vishal Kumar has alleged that on 05.11.2024, due to some earlier dispute, after hatching a conspiracy, all the F.I.R. named accused persons assaulted his father near northern canal of Pakri Bazar by means of lathi, danda, bricks and iron rod. It is further alleged that one Ajay kumar has assaulted his father by means of iron rod and one Sunil Kumar has assaulted his father by means of bricks due to which his father has sustained head injury and resultantly, he died on the spot. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the police who has been influenced by the real culprits. The entire prosecution is false and concocted, as from perusal of F.I.R. itself it appears that no injury has been caused by petitioner. The Patna High Court CR. MISC. No.7253 of 2025(3) dt.24-03-2025 3/4 real story is that Raj Kumar has sold the share of the land of his brother Amarjeet Prasad (deceased) to one Chandraman Prasad who wanted to construct house over the said plot. The same was objected by Amarjeet Prasad upon which brother-in-law of Chandrama Prasad namely, Vikrama Prasad and one Rajan Prasad assembled at the place of occurrence being armed with lathi and Tangi and assaulted Amarjeet Prasad who died thereafter. Petitioners were not even present at the place of occurrence. Lastly, he prayed to enlarge the petitioners on bail. 6. Learned APP and learned counsel appearing on behalf of informant oppose the prayer for bail. 7. As per F.I.R., all the petitioners along with other co- accused persons on the alleged date and time of occurrence called the deceased (informant’s father) at northern side of canal near pakri bazar and assaulted him with lathi, danda, bricks, and iron rod. Resultantly, he died on the spot. In para 9, 10 and 13 of the case diary the witnesses have supported the alleged occurrence. Post Mortem Report of the deceased shows that the cause of death was injuries caused by hard and blunt substance. In para 120 of the case diary, it is mentioned that process of Section 82 Cr.P.C. has also been issued due to non-cooperation of petitioners during investigation. Keeping in view the direct involvement of the petitioners and considering the materials available in the case Patna High Court CR. MISC. No.7253 of 2025(3) dt.24-03-2025 4/4 diary, I am not inclined to extend them the privilege of anticipatory bail. 8. Accordingly, the anticipatory bail application of all the petitioners stands rejected. 9. Before passing this order, it is essential to note that the contents of First Information Report which is mentioned in para no. 12 is differed with the contents of Fardbeyan, which is on record. Investigating Officer and Officer in-charge of the concerned P.S. has filed the same from which it appears that there are vital contradictions and omissions which could change the very nature and gravity of the offence and allegation levelled against the petitioner, so this is a grave matter. 10. Keeping in view the aforesaid fact, let this matter be sent to the Superintendent of Police, Siwan and copy of the same to the DGP, Patna for information and needful. 11. Accordingly, list this case under the heading ‘To Be Mentioned’ on 17th of June, 2025. Ankit Kumar/- (S. B. Pd. Singh, J) U T