IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59778 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- JADIA District- Supaul ====================================================== 1. Ram Vilas Mallah @ Ram Vilash Mallah S/o Late Tunaya Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 2. Bhuvneshwar Mallah @ Bhuneshavar Mallah S/o Late Tunay Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 3. Sandip Mallah @ Sandip Kumar S/o Bhuvneshwar Mallah @ Bhuneshavar Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 4. Kuldip Mallah @ Kuldip Kumar S/o Bhuvneshwar Mallah @ Bhuneshavar Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 5. Subodh Mallah @ Subodh Kumar S/o Bhuvneshwar Mallah @ Bhuneshavar Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 6. Laltu Mallah @ Laltu Kumar S/o Ramvilas Mallah @ Ramvilash Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 7. Mantu Mallah @ Mantu Kumar S/o Ramvilas Mallah @ Ramvilash Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul 8. Chhotu Mallah @ Chhotu Kumar S/o Ramvilas Mallah @ Ramvilash Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul ... ... Petitioner/s Versus 1. The State of Bihar 2. Upendra Mallah S/o Late Kinnu Mallah Resident of Village- Koriyapatti tola Khunt Ward No. 8, P.S.- Jaida, District- Supaul ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Kamal Kishore Singh, Advocate For the State : Mr. Umesh Lal Verma, APP For the Informant : Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-09-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and Patna High Court CR. MISC. No.59778 of 2025(2) dt.03-09-2025 2/4 learned counsel appearing on behalf of the informant. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 384, 354B, 506, 379, 420, 467, 468 and 406 of the Indian Penal Code. 3. As per prosecution case case, it is alleged that these petitioners fraudulently purchased the land of the informant and started construction on the same and on objection, they assaulted complainant and others by means of fist and slap. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that the alleged occurrence took place on 07.01.2024 and the present complaint petition has been lodged on 10.01.2024 and there is no plausible explanation for the delay. As a matter of fact, Petitioner No. 1 purchased one kattha land appertaining to Khata No. 433, Khesra No. 1764, 1768 from one Kari Devi @ Lila Devi daughter of one Binay Mallah and has not purchased the land appertaining to Khesra No. 1763 and as such, no offence under Sections 420, 467 and 468 of the Indian Penal Code is made out against these petitioners. It is further submitted that Petitioner No. 1 has also filed a complaint case Patna High Court CR. MISC. No.59778 of 2025(2) dt.03-09-2025 3/4 bearing Complaint Case No. 155 of 2024 dated 13.02.2024 against the informant of the present case. Police, after investigation, submitted final form against the accused persons, however, differing with the same, the learned trial court took cognizance. Moreover, the dispute is with regard to right, title and possession over a piece of land, which is purely civil in nature and none of the acts allegedly committed by these petitioners would give rise to any criminal liability. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned Judicial Magistrate 1st Class, Supaul in connection with Jaida P.S. Case No. 48 of Patna High Court CR. MISC. No.59778 of 2025(2) dt.03-09-2025 4/4 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T