IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31362 of 2025 Arising Out of PS. Case No.-1104 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Vicky Kumar @ Kumar Abhishek, son of Amarnath, Village- Ramibigha, Ps- Asthawan, Dist- Nalanda at P/A- Barbigha Ganjpar, Ps- Barbigha, Dist- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31403 of 2025 Arising Out of PS. Case No.-1104 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Saurabh Kumar @ Saurabh Raj, son of Rakesh Kumar, Resident of Adarsh Colony, Road No. 3, Police Station- Ram Krishna Nagar, District -Patna Village- Ramibigha, Ps- Asthawan, Dist- Nalanda At Present Ganjpar, Ps- Barbigha, Dist- sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 31362 of 2025) For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, Advocate (In CRIMINAL MISCELLANEOUS No. 31403 of 2025) For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-05-2025 Considering the fact that both the matters are arising out of the same P.S. case and, as such, with the consent of the parties they are being heard together and disposed off by this common order. 2. Heard learned Advocate appearing on behalf of the Patna High Court CR. MISC. No.31362 of 2025(2) dt.15-05-2025 2/4 petitioners and the learned Additional Public Prosecutor for the State. 3. The petitioners apprehend their arrest in connection with Agamkuan P.S. Case No. 1104 of 2024, registered for the offences punishable under Sections 126(2), 115, 352, 351(1), 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)(a), 26 and 25 of the Arms Act. 4. Allegedly while the informant was at his rented house, in the mean while, all the FIR named accused persons came there and started abusing. It is further alleged that the petitioners alongwith others, who were also present there with lathi and danda, started assaulting the informant. Co-accused Sanoj Yadav has threatened him with pistol and in the mean while, co-accused Chhotu Kumar has snatched the golden chain and took away Rs. 50,000/-. 5. Learned Advocate appearing on behalf of the petitioners contended that the present FIR has been instituted on the back drop of a land dispute, the details of which has been disclosed in paragraph no. 11 and 12 of Criminal Miscellaneous No. 31362 of 2025. In fact, on account of a dispute in relation to land; and in order to wreck vengeance and mount pressure, the present FIR came to be lodged. Even if the allegation accepted Patna High Court CR. MISC. No.31362 of 2025(2) dt.15-05-2025 3/4 to be true for the sake of argument, the allegation of theft is levelled against co-accused Chhotu Kumar, who is not before this Court. So far the other offences are concerned, the same are bailable. The petitioner in Criminal Miscellaneous No. 31362 of 2025 has absolutety fair antecedent, whereas petitioner in Criminal Miscellaneous No. 31403 of 2025 bears one criminal antecedent. 6. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submission has been made that they have actively participated in the crime. 7. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that none has sustained any injury, as also the genesis of the occurrence, 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 Additional Chief Judicial Magistrate-IV, Patna City in connection with Agamkuan P.S. Case No. 1104 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Patna High Court CR. MISC. MISC. No.31362 of 2025(2) dt.15-05-2025 4/4 Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T