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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40172 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- Haraiya District- East Champaran ======================================================
1. Sukhari Das S/O Late Khelawan Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
2. Santosh Das S/O Sukhari Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
3. Karan Das S/O Manoj Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
4. Premshila Devi @ Pramshila Devi W/O Rambharos Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
5. Shobha Devi W/O Santosh Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
6. Jyoti Kumari D/O Santosh Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran
7. Rajnandini Kumari @ Rajnandani Kumari D/O Santosh Das R/O Village- Ekderwa, PS- Haraiya, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 25-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Haraiya P.S. Case No. 24 of 2025 instituted for the offence under Sections 329(3), 126(2), 115(2), 118(1), 117(2), 76, 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
Patna High Court CR. MISC. No.40172 of 2025(2) dt.25-07-2025 2/3
3. The case of the prosecution is that the petitioners along with others being armed with gadasa, dabia, knife and iron rod, lathi and muari arrived at the door of the informant and started abusing. It is further alleged that they were asking the informant to vacate the house in which she was residing. When she objected, it is alleged that all the accused persons on the
order of Sukhari Das (petitioner no.1) assaulted with gadasa which hit the head of the informant. It is further alleged that Santosh Das caught the informant by her hair and pulled her due to which her clothes were torn. It is further alleged that Premshila Devi (petitioner no.4) assaulted with lathi and it is alleged that all the accused persons assaulted the informant and two other ladies of the house.
4. Learned counsel for the petitioners has submitted that petitioners and informant are next door neighbours. There is land dispute between them. From perusal of the injury report of Anita Devi (the informant) it will transpire that she had received one lacerated wound over the Midline of Parietal region and diffuse swelling in the left elbow joint and left knee joint. Injury no.1 is simple as opined by the Doctor. Regarding injury no.2, opinion is not given by the Doctor as X-ray was not found. Others namely, Simran Kumari has also received similar nature of injuries. Learned counsel further submits that the nature of
Patna High Court CR. MISC. No.40172 of 2025(2) dt.25-07-2025 3/3 injury is simple and nature of allegation is general and omnibus though injury no.2 of Simran Kumari is grievous in nature but it is on wrist which is ultimately bailable in nature.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioners and has stated that the victims have also received grievous injuries.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are
directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Haraiya P.S. Case No. 24 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran (Motihari), subject to the conditions as laid down under section 482(2) of the BNSS.
7. Accordingly, the present bail application stands allowed.
durgesh/- (Ashok Kumar Pandey, J) U T