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2025 DAILYLAW 69672 (PAT)

Amar Ram @ Amar v. The State of Bihar

CR. MISC./60612/2025 · 2025-09-15

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60612 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- THAKRAHA District- West Champaran ====================================================== 1. Amar Ram @ Amar S/o Late Janardan Ram R/o Village - Jagiraha, P.S - Thakraha, District - West Champaran 2. Rohit Ram @ Rohit S/o Late Janardan Ram R/o Village - Jagiraha, P.S - Thakraha, District - West Champaran 3. Kanhaiya Ram S/o Late Janardan Ram R/o Village - Jagiraha, P.S - Thakraha, District - West Champaran 4. Most. Raj Kumari Devi W/o Late Janardan Ram R/o Village - Jagiraha, P.S - Thakraha, District - West Champaran 5. Anita Devi W/o Radheshyam Ram R/o Village - Chilwaniya, P.S - Bhitaha, District - West Champaran 6. Radheshyam Ram S/o Narshigh Ram R/o Village - Chilwaniya, P.S - Bhitaha, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Prerna Anand, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 15-09-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner nos. 1 & 2 as they have already been arrested during pendency of the case. 2. Permission is granted. 3. This anticipatory bail application with regard to above named petitioner nos. 1 & 2 is, accordingly, dismissed as withdrawn. Patna High Court CR. MISC. No.60612 of 2025(2) dt.15-09-2025 2/3 4. Heard learned counsel for the petitioners and the State. 5. Petitioner nos. 3 to 6 apprehend arrest in a case registered for the offences punishable under Sections 191(2), 190, 329(2), 126(2), 115(2), 109, 352 of the Bharatiya Nyaya Sanhita. 6. As per prosecution case, on 15.06.2025 at about 8 PM, all the F.I.R. named accused persons, including these petitioners, assaulted informant and her husband by means of fists, slaps, bamboo, etc. It is further alleged that the accused persons also snatched mobile phone from the pocket of brother- in-law of the informant. 7. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, sudden quarrel took place between the parties on trivial issue of boundary dispute in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Case and counter case. Rest of the allegations are ornamental only to make the case grave. Petitioners claim clean antecedent. 8. Learned A.P.P. for the State vehemently opposed Patna High Court CR. MISC. No.60612 of 2025(2) dt.15-09-2025 3/3 the bail application. 9. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner nos. 3 to 6 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 Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Thakraha P. S. Case No. 74 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