IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35824 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Babarganj District- Bhagalpur ====================================================== 1. Manish Kr. Singh @ Manish Kumar @ Manish Kumar Singh S/o- Amar Singh @ Amar Prasad Singh @ Amar Pd. Singh Resident of Mohalla- Gouri Singh Lane Katghar, Ps- Babarganj, District-Bhagalpur 2. Anis Kr. Singh @ Anish Kumar @ Anil Kumar Singh S/o- Amar Singh @ Amar Prasad Singh @ Amar Pd. Singh Resident of Mohalla- Gouri Singh Lane Katghar, Ps- Babarganj, District-Bhagalpur 3. Abhay Kr. Singh @ Abhay Kumar Singh S/o- Amar Singh @ Amar Prasad Singh @ Amar Pd. Singh Resident of Mohalla- Gouri Singh Lane Katghar, Ps- Babarganj, District-Bhagalpur 4. Ravindra Kumar Singh @ Rabindra Kumar @ Rabindra Kumar Singh S/o- Amar Singh @ Amar Prasad Singh @ Amar Pd. Singh Resident of Mohalla- Gouri Singh Lane Katghar, Ps- Babarganj, District-Bhagalpur 5. Amar Singh @ Amar Prasad Singh @ Amar Pd. Singh S/o- Late Surya Narayan Singh Resident of Mohalla- Gouri Singh Lane Katghar, Ps- Babarganj, District-Bhagalpur ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 18-06-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Babarganj P.S. Case No. 38 / 2025 dated 11.03.2025 registered under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and (3), 3(5) of the B.N.S. 2023. 3. As per the first information report on 11.03.2025 in the morning while the informant along with his brother and nephew Patna High Court CR. MISC. No.35824 of 2025(2) dt.18-06-2025 2/4 was engaged in cleaning his courtyard in the meantime petitioners arrived armed with spade, revolver, lathi, hockey stick and started abusing the informant and others and upon objection the petitioners assaulted the informant, his brother and nephew with spade, butt of the revolver, lathi, hockey sticks etc. due to which informant, his brother and nephew sustained injury. 4. Learned counsel for the petitioners submits that both the parties are agnates and co-sharer and there is previous land dispute between them. A partition suit bearing Partition Suit No. 109 / 2006 is pending between the parties in the court of Sub Judge XII, Bhagalpur and in spite of grant of injunction in favour of the petitioners dated 21.07.2007 the informant and others are cutting trees standing over the land and are trying to construct boundary wall disturbing the peaceful possession of the petitioners. A proceeding under section 107 Cr.P.C. was also initiated between the parties but the informant’s side is not obeying the decision of the S.D.M, Bhagalpur. A jamabandi case for cancellation of jamabandi bearing case no. 13 / 2023 was also initiated between the parties before the court of learned D.C.L.R., Bhagalpur. Referring to the injury report at annexure: P/5 series, learned counsel submits that injuries caused to the Patna High Court CR. MISC. No.35824 of 2025(2) dt.18-06-2025 3/4 informant and his family members are simple in nature. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that petitioners are the aggressors and they abused and assaulted the informant and his family members with lethal weapons including the butt of pistol. The injury sustained by nephew of the informant is on non vital part of the body and brother of the informant sustained injury near left eye brow and doctor has reserved his opinion regarding injury caused to Gautam Singh (brother of the informant). 6. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are agnates having long standing land dispute, injury sustained by nephew of the informant appears to be simple in nature and the injury sustained by the brother of the informant near left eye brow is 1 cm x 0.25 cm, as such, I am inclined to grant anticipatory bail to the petitioners. 7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.35824 of 2025(2) dt.18-06-2025 4/4 J.M. First Class cum A.M. VI Bhagalpur Smt. Pragya Mishra in connection with Babarganj P.S. Case No. 38 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T