IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32633 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- PIPRA District- East Champaran ====================================================== 1. Suman Kumar Son of Gagandev Bhagat Resident of Village - Chakbara, P.S.- Pipra, District - East Champaran 2. Dhirendra Prasad @ Dharmendra Kumar Son of Late Ram Prasad Mahato Resident of Village - Chakbara, P.S.- Pipra, District - East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar, Adv. For the Opposite Party/s : Md. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No. 198 of 2024 registered for the offences punishable under Sections 115(2), 117(2), 118(1), 126(2), 109, 303(2), 351(2), (3), 329(4), 3(5) of the Bhartiya Nyaya Sanhita. 3. As per prosecution case, accused persons including petitioners alongwith 20-25 unknown persons started breaking the house which was under construction and began to cremate the dead body. When the same was protested by the informant, petitioners and others concertedly assaulted him. Patna High Court CR. MISC. No.32633 of 2025(2) dt.22-05-2025 2/4 When the informant’s relatives came to save to the informant, the aforesaid persons also assaulted informant’s relatives with an intention to kill them by means of lathi, fatta and farsa. It is alleged that Rs. 1,00,000/- (in cash) was taken away from the pocket of informant which was kept for constructing the said hosue and two mobiles were also taken away by them. 4. Learned counsel for the petitioners submits that FIR has been registered against 23 FIR named accused persons including the petitioners and 20-25 unknown and they have assaulted the informant. He further submits that the aforesaid persons have also assaulted the informant’s family members, who have come to save him, by means of lathi, fatta and farsa. He further submits that the present dispute has arisen just because of the dispute regarding gairmazarua land which was being used as crematorium by villagers. He further submits that informant is claiming the land in question on the basis of settlement in favour of his son and the dispute started between the villagers and informant’s side with regard to the land in question. He further submits that impugned order does not indicate the nature of injury of injured persons. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. He further Patna High Court CR. MISC. No.32633 of 2025(2) dt.22-05-2025 3/4 submits that no specific allegation of assault is attributed against the petitioners rather the allegation is general and omnibus in nature. Petitioners bear no criminal antecedent. He further submits that similarly situated co-accused Jhaman Ram @ Ramashray Ram and Rejendra Ram have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 13869 of 2025 and the case of present petitioner stands on similar footing. On the principle of parity, petitioners also deserve bail. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, there is no specific allegation of assault against the petitioners and occurrence took place between the parties on account of dispute regarding the land in question, co-accused have already been granted anticipatory bail by the Co-ordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs. Patna High Court CR. MISC. No.32633 of 2025(2) dt.22-05-2025 4/4 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/ Concerned Court, East Champaran, Motihari in connection with Pipra P.S. Case No. 198 of 2024, subject to the conditions as laid down under Section 482 (2) of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T