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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27172 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- ATHMALGOLA District- Patna ======================================================
1. Sitaram Rai Son of Late Vimal Rai Resident of Jamalpur Barahiya P.S -Athmalgola, Dist- Patna
2. Bhanu Yadav @ Bhanu Kumar son of Sri Sitaram Rai Resident of Jamalpur Barahiya P.S -Athmalgola, Dist- Patna
3. Laltus yadav @ Laltus Kumar Son of Sri Sitaram Rai Resident of Jamalpur Barahiya P.S -Athmalgola, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Manglam For the Opposite Party/s : Mr.Kalyan Shankar ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 06-05-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 329(4), 307, 117(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioners on 17-10-2024 at 12 midnight entered his house and were taking the briefcase, on alarm, the nephew of the informant, namely, Raushan chased them, when Bhanu
Patna High Court CR. MISC. No.27172 of 2025(2) dt.06-05-2025 2/3 (Petitioner No. 2) assaulted him by lathi on head, while Sitaram (Petitioner No. 1) fired, further articles worth Rs. 3,60,000/- was kept in the briefcase and the empty briefcase was recovered the next day. It is also alleged that Laltus snatched mobile of Raushan.
4. The learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, as they are having dispute relating to property being agnates. It is next submitted that no doubt allegations against Sitaram is of firing but then no empty cartridge was recovered from the place of occurrence nor the FIR has been instituted under the Arms act. It is further submitted that allegations for snatching mobiles by Laltus is ornamental in nature. It is also submitted that allegation of assaulting Raushan by Bhanu is fabricated as there is no injury report of Raushan on record.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.27172 of 2025(2) dt.06-05-2025 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Athmalgola P.S. Case No. 341 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
SUMIT/- (Satyavrat Verma, J) U T