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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36849 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- BIHTA District- Patna ======================================================
1. Hira Lal Kumar Son Of Sri Nawal Ram @ Naval Kumar @ Naval Ram Vill -kauriya Ps -bihta Dist- Patna Bihar
2. Bhagwan Das Son Of Sri Tribhuwan Ram Vill -kauriya Ps -bihta Dist- Patna Bihar
3. Tribhuwan Ram Son Of Late Babu Lal Ram Vill -kauriya Ps -bihta Dist- Patna Bihar
4. Amit Kumar @ Amitabh Bachan Son Of Sri Tribhuwan Ram Vill -kauriya Ps -bihta Dist- Patna Bihar
5. Nawal Ram @ Naval Kumar @ Naval Ram Son Of Late Babu Lal Ram Vill -kauriya Ps -bihta Dist- Patna Bihar
6. Badri Ram Son Of Late Kedar Ram Vill -kauriya Ps -bihta Dist- Patna Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Kant Kumar, Adv For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 14-07-2025 Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State. 2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 3(5) of the BNSS. 3. At the outset, learned counsel for the petitioners seeks permission to withdraw the application on behalf of petitioner no. 1, namely, Hira Lal Kumar with liberty to surrender and approach the learned court below for grant of regular bail. Patna High Court CR. MISC. No.36849 of 2025(3) dt.14-07-2025 2/3
4. The application on behalf of the petitioner no. 1 is permitted to be withdrawn. The petition only survives against the petitioner nos. 2 to 6. 5.The allegation in the FIR is against eight accused persons including the present petitioners, who are alleged to have hurled abuses, assaulted the informant and others by means of sticks and iron rod causing injuries to them. It has been alleged that a panchayati was being held on account of the fact that accused Hiralal used to tease the daughter of the informant. 6. Learned counsel for the petitioners submits that the allegation in the FIR itself would go to show that there was a dispute between the parties and a panchayati was being held.
There is general and omnibus allegation of assault upon all the accused persons along with some unknown persons of having caused injuries to four persons. There is case and counter case and the case lodged on behalf of the petitioners has also been brought on record by way of Annexure-2. Further, the petitioners are Gotiyas and have long standing family dispute. The injury reports of the four injured persons indicates that the injuries are in the nature of bruise, swelling abrasion etc caused by hard and blunt substances and are all simple in nature. 7. The learned APP opposes the grant of anticipatory
Patna High Court CR. MISC. No.36849 of 2025(3) dt.14-07-2025 3/3 bail . 8. Taking into consideration all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner nos. 2 to 6. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today, the petitioner nos. 2 to 6 be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Bihta P.S.Case No. 179 of 2025, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioners shall co-operate in investigation/ trial. N.K/- (Soni Shrivastava, J) U T