wwIN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33370 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== 1. Sanjeet Ray S/O Late Jago Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 2. Amarjeet Ray S/O Surendra Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 3. Jeetendra Ray S/O Surendra Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 4. Vikash Ray S/O Surendra Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 5. Rakesh Ray S/O Late Pokhram Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 6. Mukesh Ray S/O Late Pokhram Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 7. Amresh Ray @ Amlesh Ray S/O Late Pokhram Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 8. Rubi Devi W/O Jadu Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 9. Lakheendra Ray S/O Shyam Karan Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 10. Santosh Ray S/O Judu Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur 11. Mantosh Ray S/O Judu Ray R/O Village- Shahpur Barant, P.S.- Mohanpur, Distt.- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Om Prakash Om, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 22-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The accused-petitioners, named in the F.I.R., is Patna High Court CR. MISC. No.33370 of 2025(2) dt.22-05-2025 2/4 apprehending his arrest in connection with Mohanpur P.S. Case No. 32 of 2024 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 354(B), 307, 379, 504 and 506 of the Indian Penal Code. The petitioners have no criminal antecedent as stated in paragraph ‘3’ of the application. 3. The allegation against the petitioners is to assault the informant and others along with co-accused persons/family members by using sharp edged cut weapons lathi, rod etc. causing head and bodily injuries, with intention to cause their death. The occurrence alleged to be arising out of local dispute and differences. 4. It is submitted by learned counsel appearing for the petitioners that the occurrence was free fight in nature for which the petitioners had also lodged case against informant and others which was registered as Mohanpur P.S. Case No. 33 of 2024 dated 20.04.2024. It is pointed out that as occurrence was free fight in nature therefore it can’t be said that the petitioners were under intention to cause death of injured/informant. It is pointed out that the allegations Patna High Court CR. MISC. No.33370 of 2025(2) dt.22-05-2025 3/4 against one of the co-accused who is petitioner no. 1, namely, Sanjeet Ray is to assault the uncle of the informant, namely, Hari Shankar Rai, whereupon his medical examination, the injury was found laceration, creating a doubt whether assault, as alleged, was caused by khanti, which is a sharp edged cut weapon. It is submitted that considering the nature of assault, nature of weapons and also the conduct of the parties before and after the occurrence, it cannot be said that this is a case of offences punishable under section 307 of the Indian Penal Code. In support of his submissions, learned counsels relied upon the legal report of the Hon’ble Supreme Court as available through Jage Ram and Others Vs. State of Haryana reported in (2015) 11 SCC 366. While concluding argument it is submitted that petitioners said to be of clean antecedents 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. In view of the aforesaid factual and legal submissions and by taking note of the fact as occurrence prima-facie appears free-fight where both parties received Patna High Court CR. MISC. No.33370 of 2025(2) dt.22-05-2025 4/4 injuries coupled with the fact that the petitioners are of clean antecedents accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur/concerned court in connection with Mohanpur P.S. Case No. 32 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Neha/- (Chandra Shekhar Jha, J) U T