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2025 DAILYLAW 17499 (PAT)

Bhim Kumar v. The State of Bihar

CR. MISC./7922/2025 · 2025-05-14

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7922 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== 1. Bhim Kumar S/o Raghunandan Rai R/o Village- Chhotami, Police station- Autar Nagar, District- saran chapra 2. Rakesh Kumar S/o Raghunandan Rai R/o Village- Chhotami, Police station- Autar Nagar, District- saran chapra 3. Rajesh Rai S/o Bhikhari Rai R/o Village- Chhotami, Police station- Autar Nagar, District- saran chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 14-05-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Awtarnagar Police Station Case No. 104 of 2024, dated 02.05.2024, disclosing offences punishable under Sections 147/148/149/341/323/324/307/354/379/504/506 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 30.04.2024, in the evening at about 5 PM, while the informant was ploughing her field, the petitioners and other accused persons arrived there and the petitioner no. Patna High Court CR. MISC. No.7922 of 2025(3) dt.14-05-2025 2/3 1 assaulted Savitri Devi by means of farsa on her head. The petitioner no. 2 assaulted Jitan Rai by means of sword and the petitioner no. 3 also assaulted Jitan Rai with lathi. 4. Learned Counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. A counter case has also been lodged by the side of the petitioners for the occurrence which took place on the same date and time, bearing Awtarnagar Police Station Case No. 102 of 2024 against the side of the informant. The injury reports of Savitri Devi and Jitan Rai, who were allegedly assaulted by the petitioners, have not been brought on record by the prosecution. However, two other victims have sustained injuries, which are simple in nature, but the injuries caused to them are not attributable to the petitioners. He further submits that co-accused persons, namely, Raghunandan Rai, Bhikhari Rai, Ramesh Rai and Rinki Devi, have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 11.11.2024, passed in Criminal Misc. No. 75686 of 2024. 5. Regards being had to the submissions advanced on behalf Patna High Court CR. MISC. No.7922 of 2025(3) dt.14-05-2025 3/3 of the parties and taking into consideration the fact that both the parties are agnates, there is case and counter case, injuries sustained to the victims by the petitioners have not been brought on record by the prosecution and similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Judicial Magistrate, 1st Class, Saran, at Chapra, in connection with Awtarnagar Police Station Case No. 104 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √