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2025 DAILYLAW 6110 (PAT)

Guddu Kumar v. The State of Bihar

CR. MISC./87973/2025 · 2026-05-11

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87973 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- BAKHTIYARPUR District- Patna ====================================================== 1. Guddu Kumar S/o Tufani Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 2. Baliram Ram Rai @ Baliram Ray S/o Tufani Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 3. Mukesh Rai @ Muesh Kumar S/o Awadhesh Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 4. Subodh Rai S/o Ramnam Rai @ Ramnandan Singh Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 5. Prem Rai @ Prem Kumar S/o Ramnam Rai @ Ramnandan Singh Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 6. Tula Rai @ Suresh S/o Ramnam Rai @ Ramnandan Singh Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 7. Bhirgu Rai S/o Ramnam Rai @ Ramnandan Singh Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 8. Shambhu Rai S/o Ramnam Rai @ Ramnandan Singh Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 9. Chandan Kumar @ Chandan Rai S/o Lala Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 10. Arun Rai S/o Khira Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna 11. Vikash Kumar S/o Late Rawan Rai Resident of village- Ranisarai, PS- Bakhtiyarpur Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Anupam For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 11-05-2026 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case No. 262 of 2025 dated 01.06.2025 Patna High Court CR. MISC. No.87973 of 2025(4) dt.11-05-2026 2/3 registered under Section 191(2), 329(4), 126(2), 115(2), 109, 303(2), 61(2), 117(2), 351(2), 352 of the B.N.S. 2023. 3. The prosecution case in brief as per the written report of the informant Ravindra Rai is that on 31.05.2025 at 09:40 A.M. one Rajesh Ram and seventeen other accused persons named in the F.I.R. armed with ‘lathi’, ‘bhala’ and loha banda (iron rod) came to his house and started assaulting him and his family members due to which they sustained injury on various parts of body. The petitioner no. 4- Subodh Rai assaulted by means of ‘lathi’ on the hand of the daughter-in-law of the informant Dharamshila Devi leading to fracture and the petitioner no. 8-Shambhu Rai assaulted by means of ‘loha banda’ on the head of the younger son of the informant. 4. Ms. Kumari Anupam, learned counsel for the petitioners submits that petitioners are innocent and and have falsely been implicated in the instant case due to previous enmity. She further submits that both the parties are agnates and there is admitted land dispute between them. There is case and counter case between the parties inasmuch as petitioner no. 11 has filed Bakhtiyarpur P.S. Case No. 347 of 2025 against the informant and his family members. 5. Considering the fact that injury inflicted on the Patna High Court CR. MISC. No.87973 of 2025(4) dt.11-05-2026 3/3 hand of Dharamshila Devi and on the head of the younger son of the informant attributed to the petitioner no. 4 and 8 are grievous in nature, accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 4 and 8. The same is rejected. 6. Regard being had to the submission made by the parties, taking into consideration the fact that altogether seventeen persons are named in the F.I.R. and there is general and omnibus allegation against the rest of the petitioners, accordingly, I am inclined to grant anticipatory bail to the petitioner no. 1, 2, 3, 5, 6, 7, 9, 10, 11. 7. Let the petitioner 1, 2, 3, 5, 6, 7, 9, 10, 11 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 learned A.C.J.M. III, Barh in connection with Bakhtiyarpur P.S. Case No. 262 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