IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57299 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1. Dudhnath Prasad @ Dudhnath Bhagat, Son of Late Janardan Bhagat, Village- Moriyan, Po- Moriya, P.S- Panapur, Dist- Saran at Chapra 2. Raghunandan @ Raghunandan Kumar Bhagat @ Raghunandan Kumar, son of Dudhnath Prasad @ Dudhnath Bhagat, Village- Moriyan, Po- Moriya, P.S- Panapur, Dist- Saran at Chapra 3. Kalej Bhagat @ Kolej Bhagat @ Kollege Bhagat, son of Late Mohan Bhagat, Village- Moriyan, Po- Moriya, P.S- Panapur, Dist- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 27-08-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Panapur P.S. Case No. 331 of 2024, registered for the offences punishable under Sections 126, 115, 118, 109, 103(1), 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Allegedly on account of a dispute in relation to non-offering of the cigarettes and gutka by the informant from his kirana shop, the petitioners alongwith others variously armed with lathi and danda came there and started abusing and Patna High Court CR. MISC. No.57299 of 2025(2) dt.27-08-2025 2/3 assaulting. It is specifically alleged that on halla, when the informant’s mother came to rescue of the informant, co-accused Sagar Kumar and Vinay Kumar gave an iron rod blow over her head, due to which she sustained serious injuries and later on during the course of treatment she died. 4. Learned Advocate appearing on behalf of the petitioners submitted that the petitioners have nothing to do with the occurrence and even on the alleged date and time of occurrence, they were not present; this fact has been also fortified during the course of investigation. The entire prosecution case falls to the ground for the simple reason that the inquest report shows no external injury on the body of the deceased. Besides the fact that during the course of post mortem, the doctor could not ascertain the exact cause of death and hence the viscera was preserved and sent to FSL. Even if the allegation taken to be true of causing assault to the mother of the informant, that is levelled against co-accused Sagar Kumar and Vinay Kumar, there is no allegation of any overt act against the petitioners, who also bear fair antecedent in their credit. 5. On the other hand, learned Advocate for the State and the learned Advocate for the informant opposed the pre- arrest bail application and submitted that the FIR clearly disclosed the complicity of the petitioner in crime as the Patna High Court CR. MISC. No.57299 of 2025(2) dt.27-08-2025 3/3 petitioner alongwith others were found present at the place of occurrence and assaulted the mother of the informant. 6. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the allegation and the discussions made in the impugned order regarding the inquest and the post mortem report as well as the absence of the petitioners at the place of occurrence, coupled with their fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-VI, Saran at Chapra in connection with Panapur P.S. Case No. 331 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T