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2025 DAILYLAW 5857 (PAT)

Jagarnath Rai v. The State of Bihar

CR. MISC./85697/2025 · 2026-05-12

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85697 of 2025 Arising Out of PS. Case No.-210 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1. Jagarnath Rai S/O Late Chanar Rai R/o Village- Chak Pahar, P.O.- Paharpur, P.S. -Baikunthpur, District- Gopalganj- 841420. 2. Deonath Rai S/O Late Shankar Rai R/o Village- Chak Pahar, P.O.- Paharpur, P.S. -Baikunthpur, District- Gopalganj- 841420. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jeetendra Narayan For the Opposite Party/s : Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 12-05-2026 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Baikunthpur P.S. Case No. 210 of 2025 dated 10.06.2025 registered under Section 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1), 103(1), 352, 351(3) of the B.N.S. 2023. 3. As per the first information report on 10.06.2025 at about 9 : 00 A.M. while the informant was levelling soil in the field in the meanwhile the petitioners along with other accused persons armed with lathi, bhala, rod, farsa etc. came there and started making objection upon which altercation took place between the parties and petitioner no. 1 ordered to make assault Patna High Court CR. MISC. No.85697 of 2025(4) dt.12-05-2026 2/3 upon which Raju Rai and Arjun Rai caught the informant’s father and accused Baban Rai inflicted bhala blow on his lower part of the body and Mahesh Rai assaulted the informant’s father with farsa. The petitioner no. 2 allegedly assaulted Dharam Rai by lathi. 4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to land dispute and the petitioners are aged about 73 & 72 years respectively . The petitioners are having no criminal antecedent, the petitioner no. 1 is mainly an order giver and he is not the assailant and the petitioner no. 2 has allegedly assaulted with lathi to Dharam Rai but he has not sustained any apparent injury as would be evident from injury report. Process under Section 82 Cr.P.C. was issued during pendency of the bail application. 5. On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail and submits that petitioner no. 1 is an order giver and the informant’s father (deceased) died during course of treatment. 6. Regard being had to the submission made by the parties, taking into consideration the nature of allegation against the petitioners, the fact that petitioners are having no criminal antecedent, the petitioner no. 1 is said to be an order giver, both Patna High Court CR. MISC. No.85697 of 2025(4) dt.12-05-2026 3/3 the petitioners are aged about 72-73 years and process under section 82 Cr.P.C. was issued after taking steps by the petitioner for grant of anticipatory bail, accordingly, 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 Smt. Sikha Kumari, learned Judicial Magistrate 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 210 of 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