IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62433 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- BARAHAT District- Banka ====================================================== 1. Pappu kumar @ Shiv Narayana Son of Dasharath kumar Resident of Village - Darhara, P.S. - Barahat, District - Banka. 2. Dinanath Pandit Son of Kadru Pandit Resident of Village - Darhara, P.S. - Barahat, District - Banka. 3. Dashrath Pandit Son to of Dinanath Pandit Resident of Village - Darhara, P.S. - Barahat, District - Banka. 4. Kalpana Kumari D/o Dashrath Pandit Resident of Village - Darhara, P.S. - Barahat, District - Banka. 5. Kalyani Devi @ Kalguji Devi D/o Dashrath Pandit Resident of Village - Darhara, P.S. - Barahat, District - Banka. 6. Bal Mukund Pandit Son of Shanichar Pandit Resident of Village - Darhara, P.S. - Barahat, District - Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 12-09-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 110, 74, 303(2), 352, 351(2)/3/5 of the B.N.S. 3. The allegation in the FIR is that all the petitioners, who are accused persons, came variously armed with lathi, danda, and khanti and indulged in abuses and assault to the Patna High Court CR. MISC. No.62433 of 2025(2) dt.12-09-2025 2/3 informant, Shambhu Pandit. It is alleged that co-accused Pappu Kumar (petitioner no. 1) gave a blow from an iron rod to the informant, causing injury to him, and when the elder brother and other family members intervened, they were also attacked by them. 4. Learned counsel for the petitioner submits that the petitioners and the informant side are gotiyas and there is bonafide land dispute between parties. It is further submitted that a minor altercation has taken place, due to which both sides had filed cases against each other, and the case filed on behalf of the petitioners is Barahat P.S. Case No. 159 of 2025, which is mentioned in paragraph no. 8 of the petition. It is further submitted that so far as petitioner nos. 2 to 6 are concerned, there are general and omnibus allegations of assault, and they include senior members as well as the female members of the family. So far as petitioner no. 1 is concerned, the allegation is no doubt of giving a blow with an iron rod on the head of the informant, but the injury report annexed at Annexure-2 series would indicate that all three injured persons, including the informant, have received simple injuries and most of the injuries are on non-vital parts of the body. 5. Learned APP for the State, however, opposes the Patna High Court CR. MISC. No.62433 of 2025(2) dt.12-09-2025 3/3 prayer for grant of anticipatory bail on ground that there are allegations of assault upon the petitioners, especially, on petitioner no, 1-Pappu Kumar. 6. Taking into consideration the facts and circumstances of the case and also considering that the entire incident had happened on account of a land dispute between gotiyas, resulting in case and counter-case and simple injuries to the side of the informant, mostly on non-vital parts and have clean antecedents, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Barahat P.S. Case No. 158 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023 and further to fully cooperate in investigation. aditya/- (Soni Shrivastava, J) U T