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2025 DAILYLAW 14151 (PAT)

Kailash Basphore @ Kailash Vasfor v. The State of Bihar

CR. MISC./11440/2025 · 2025-03-21

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11440 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1. Kailash Basphore @ Kailash Vasfor S/O Late Chandrika Vasfor Resident of Village- Vikrampur, Police Station -Gopalpur , District- Gopalganj. 2. Subash Basphore @ Subash Basafor S/O Late Chandrika Vasfor @ Chandrika Basafor Resident of Village- Vikrampur, Police Station -Gopalpur , District- Gopalganj. 3. Ramayan Bashphore S/O Chandrika Vasfor Resident of Village- Vikrampur, Police Station -Gopalpur , District- Gopalganj. 4. Mohan Basphore @ Mohan Basfir S/O Late Chandrika Vasfor @ Chandrika Basfir Resident of Village- Vikrampur, Police Station -Gopalpur , District- Gopalganj. 5. Moti Chandra Basphore @ Motichand Basfor S/O Chandrika Vasfor @ Chandrika Basfor Resident of Village- Vikrampur, Police Station -Gopalpur , District- Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Kumar Harshvardhan, Advocate For the State : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 21-03-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dain Act. 3. As per prosecution case, informant alleged that while he was going to sleep after taking dinner, suddenly, all the accused persons named in the F.I.R., including these petitioners, Patna High Court CR. MISC. No.11440 of 2025(2) dt.21-03-2025 2/3 entered into his house armed with weapons and abused him and his family members. It is further alleged that all the accused persons assaulted informant and others and took away cash of Rs. 5,000/- and clothes worth Rs. 10,000/-. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are co-villagers and next door neighbors and due to petty dispute, a maar-peet took place in which both sides sustained injuries. There is case and counter-case between the parties. Doctor has found the injuries, allegedly caused by these petitioners, to be simple in nature. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and circumstances, case and counter-case between the parties and nature of injuries sustained by the injured, 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. Patna High Court CR. MISC. No.11440 of 2025(2) dt.21-03-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned XVIth, Addl. Sessions Judge, Gopalganj in connection with Gopalpur P.S. Case No. 137 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T