IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29292 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- PATAHI District- East Champaran ====================================================== 1. Raju Sah @ Raju Kumar Sah, Son of Bindeshwari Sah, Resident of Village - Rupani, P.S. - Patahi, District - East Champaran at Motihari. 2. Anita Devi, wife of Ranjeet Sah @ Ranjeet Kumar Sah, Resident of Village - Rupani, P.S. - Patahi, District - East Champaran at Motihari. 3. Bindeshwari Sah, son of Late Bhola Sah, Resident of Village - Rupani, P.S. - Patahi, District - East Champaran at Motihari. 4. Ranjeet Sah @ Ranjeet Kumar Sah, son of Bindeshwari Sah, Resident of Village - Rupani, P.S. - Patahi, District - East Champaran at Motihari. 5. Sanjeev Sah @ Sanjeev Kumar Sah, Son of Bindeshwari Sah, Resident of Village - Rupani, P.S. - Patahi, District - East Champaran at Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 07-05-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Patahi P.S. Case No. 158 of 2024, registered for the offences punishable under Sections 341, 323, 324, 354(B), 325, 307 and 504 of the Indian Penal Code. 3. Allegedly while the petitioners alongwith others were plucking the mango from the orchard of the informant and Patna High Court CR. MISC. No.29292 of 2025(2) dt.07-05-2025 2/4 when the same was protested, the petitioners alongwith others brutally assaulted the informant and others, causing serious injuries. It is specifically alleged that petitioner no. 3, Bindeshwari Sah, was holding iron rod, whereas petitioner no. 5 Sanjeev Sah were having farsha and others were holding lathi and danda. 4. Learned Advocate appearing on behalf of the petitioners referring to the FIR contended that save and except the omnibus allegation, there is no material showing specific allegation of causing injury to the informant and others. Taking this Court through the injury report, the copy of which has been placed on record as Annexure P/2, it is contended that out of three persons, two of them have sustained grievous injury, namely Amit Kumar Singh and Ajay Kumar Singh, however the same are on non-vital part. It is further contended that the genesis of the occurrence is trifling in nature and in fact, on the fateful day a scuffle took place, resulting into injuries to some of the persons. Further submission has been made that the petitioner nos. 1 and 2 have absolutely fair antecedent, whereas the petitioner nos. 3 to 5 are carrying two criminal antecedents, however, they are on bail. It is lastly contended that the petitioners undertake before this Court that they will not indulge Patna High Court CR. MISC. No.29292 of 2025(2) dt.07-05-2025 3/4 in such type of activities in future and abide by the terms and condition as may be imposed by this Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that all the petitioners have actively participated in crime and brutally assaulted, leading to grievous injuries to two of the persons, apart from the fact that three persons have been facing criminal antecedent. 6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence and the omnibus nature of allegation, coupled with the undertaking before this Court, as well as the injury on non- vital part, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 158 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with two further conditions that if the petitioners Patna High Court CR. MISC. No.29292 of 2025(2) dt.07-05-2025 4/4 shall indulge in such activities in future, the informant or the State shall be at liberty to file appropriate application for cancellation of the bail and that one of the bailors shall be the own/close family members of the petitioners. supratim/- (Harish Kumar, J) U T