IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56422 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1. Abhishek Singh @ Abhishek Kumar S/o Chaneshwar Singh Resident of Sasamusa, P.S- Kuchaikote, Distt.- Gopalganj 2. Bageshwar Singh S/o Late Ramjeet Singh Resident of Sasamusa, P.S- Kuchaikote, Distt.- Gopalganj 3. Jitesh Singh @ Jitesh Kumar Singh S/o Late Butan Singh Resident of Sasamusa, P.S- Kuchaikote, Distt.- Gopalganj 4. Shivam Singh @ Shivam Kumar Singh S/o Bageshwar Singh Resident of Sasamusa, P.S- Kuchaikote, Distt.- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 27-08-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. 2. The petitioners are apprehending arrest in connection with Kuchaikote P.S. Case No. 214 of 2025 lodged on 29.05.2025, for the offence punishable under Sections 126(2), 115(2), 118(1), 109(1), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioners. It has been alleged in the FIR that when the informant was getting Patna High Court CR. MISC. No.56422 of 2025(2) dt.27-08-2025 2/4 work done in his land, in the meanwhile, petitioners armed with lathi, danda, iron rod and farsa came and accused Shatrughan Singh ordered to kill the informant, over which, petitioner no.1 inflicted lathi blow on the left shoulder of the informant. When the informant’s cousin brother came to save him, then petitioner no.3 inflicted farsa blow on the head of the informant’s cousin brother and again inflicted farsa blow due to which he sustained injury on his head. It has been alleged that petitioner no.2 took away gold chain worth Rs. 60,000/- from the informant. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the informant and petitioners side are close pattidars and a Title Suit No. 998 of 2023 is pending between them before the Civil Court, Gopalganj. Counsel submits that the only serious allegation is against one petitioner i.e. petitioner no.3, otherwise, against other petitioners, there is no serious allegation or repeated act or overt act. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioners’ side bearing Kuchaikote P.S. Case No. 215 of 2025 and the present case has been lodged from the informant’s side bearing Kuchaikote P.S. Case No. 214 of 2025. Counsel further submits Patna High Court CR. MISC. No.56422 of 2025(2) dt.27-08-2025 3/4 that the petitioners have no criminal antecedent and they are ready to fulfill all the conditions whatsoever shall be imposed upon them. 5. Learned counsel appearing for the informant vehemently opposes the prayer for bail and submits that in the FIR, there is specific allegation against the accused persons that they have assaulted the informant’s side with lathi, danda and some are order giver. 6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that a civil dispute is going on between the petitioners’ side and informant’s side and they are agnates. 7. As such, in the present facts and circumstances of this case considering the allegation in the FIR, let the petitioner no.1 namely Abhishek Singh @ Abhishek Kumar, petitioner no.2 namely, Bageshwar Singh and petitioner no.4 namely, Shivam Singh @ Shivam Kumar Singh be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Gopalganj, in Patna High Court CR. MISC. No.56422 of 2025(2) dt.27-08-2025 4/4 connection with Kuchaikote P.S. Case No. 214 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. 8. So far as petitioner no.3 namely, Jitesh Singh @ Jitesh Kumar Singh is concerned, this Court is not inclined to grant bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no.3 is hereby rejected with liberty that if, he surrenders before the concerned Trial Court within a period of six weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner no.3 has been rejected by this Court and the Trial Court shall pass order on the merit of this case. Divyansh/- (Dr. Anshuman, J) U T