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2025 DAILYLAW 66516 (PAT)

Ram Prasad Rai v. The State of Bihar

CR. MISC./58178/2025 · 2025-09-01

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58178 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1. Ram Prasad Rai S/O Shiv Shagar Rai R/O Village- Manorthi, P.S- Runnisaidpur, Distt.- Sitamarhi. 2. Shiv Shagar Rai S/O Late Saryug Rai R/O Village- Manorthi, P.S- Runnisaidpur, Distt.- Sitamarhi. 3. Uday Rai S/O Shiv Shagar Rai R/O Village- Manorthi, P.S- Runnisaidpur, Distt.- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 01-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118, 76, 352, 3(5) of the Bharatiya Nyaya Sanhita. 3. Informant, namely, Shivam Kumar alleged that on 31.02.2025 at about 4:30 PM, these petitioners were forcibly constructing house on the land of informant and upon objection, they abused and assaulted informant and his family members by means of hammer and stick. 4. Learned counsel for the petitioners submits that on Patna High Court CR. MISC. No.58178 of 2025(2) dt.01-09-2025 2/2 account of land dispute between the parties, altercation took place in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Injuries caused by these petitioners are simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation and simply injury, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P. S. Case No. 59 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T