IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57171 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- PHENHARA District- East Champaran ====================================================== 1. Pawan Sah @ Pawan Kumar, S/O Vishun Sah, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari 2. Vishwajeet Sah @ Vishwajeet Kumar, S/O Rajesh Sah, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari 3. Rampravesh Paswan @ Ram Parvesh Paswan, S/O Hira Sah, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari 4. Sonu Paswan, S/O Rampravesh Paswan, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari 5. Naresh Sah, S/O Late Kapal Sah, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari 6. Rajesh Sah, S/O Late Kapal Sah, R/O- Mankarwa, PS- Phenhara, District- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Adv. Ms. Mili Kumari, Adv. For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, Adv. For the Informant : Mr. Dhanev Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 27-08-2025 Heard learned Advocate appearing on behalf of the petitioners, learned Additional Public Prosecutor for the State and the learned Advocate for the informant. 2. The petitioners apprehend their arrest in connection with Phenhara P.S. Case No. 115 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Patna High Court CR. MISC. No.57171 of 2025(2) dt.27-08-2025 2/3 3. Allegedly on the fateful day while the informant alongwith two other laborers were carrying out plantation work, in the mean while, the petitioners alongwith others armed with various weapons came there and brutally assaulted Shatrudhan Sah. It is further alleged that co-accused Naresh Sah (petitioner no. 5) also snatched the gold chain. 4. Learned Advocate appearing on behalf of the petitioners submitted that besides the omnibus nature of allegation there is a counter version of the present case being Phenhara P.S. Case No. 122 of 2025 registered by the petitioner no. 6. There is one another FIR being SC/ST P.S. Case No. 52 of 2025 instituted by the wife of the petitioner no. 3 regarding the brutal assault meted to the persons of the petitioners’ side. So far the injury caused to Shatrudhan Sah is concerned, the same is found to be simple in nature. The genesis of the occurrence is said to be a land dispute. 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 besides the fact that the petitioner no. 3, 5 and 6 are having criminal antecedent as has been disclosed in paragraph no. 3 of the bail application, there is allegation of active participation against the petitioners. Patna High Court CR. MISC. No.57171 of 2025(2) dt.27-08-2025 3/3 6. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the omnibus nature of allegation coupled with the simple injuries and the factum of case and counter case, 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, Motihari, East Champaran in connection with Phenhara P.S. Case No. 115 of 2025, 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 petitioners. supratim/- (Harish Kumar, J) U T