IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67418 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1. Sita Devi, Wife of Dhrup Singh, Resident of Village- Mahua, P.S. - Baikunthpur, District- Gopalganj 2. Kavi Kumar, Son of Dhrup Singh, Resident of Village- Mahua, P.S. - Baikunthpur, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sumit Kumar Srivastva, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 10-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Baikanthpur P.S. Case No. 64 of 2024 dated 08.03.2024 instituted for the offence punishable under Sections 341, 323, 324, 302/34 of the Indian Penal Code. 3. The prosecution case, in short, is that on the alleged date of occurrence, when the father of the informant was washing hands at the hand pump, the petitioners along with co-accused persons lashed with lathi-danda and farsa and assaulted his father. On hearing hulla, the informant and his mother went to save his father, then all the accused persons also assaulted the informant and his mother. Thereafter, the informant informed the police Patna High Court CR. MISC. No.67418 of 2024(3) dt.10-01-2025 2/3 about the incident. Thereafter, the police came and took the injured to Community Health Centre, Baikunthpur. After the primary treatment, he was referred to Sadar Hospital, Siwan for better treatment where doctors prescribed medication for four days and discharged him. After reaching home within 24 hours, he died. 4. Learned counsel for the petitioners submit that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation against the petitioners are general and omnibus. F.I.R. has been lodged against six named accused persons who alleged to be assaulted the deceased. Learned counsel for the petitioners further submits that the informant and the petitioners are agnates. There is land dispute between them. It is submitted that the post-mortem report reveals that two external injuries were found i.e. (i) Abrasions on face lateral to left eye 0.5 cm x 0.5 cm and (ii) On right eyebrow 0.25 cm x 0.25 cm. It has also been mentioned that after dissection, the fourth, fifth and sixth ribs were found fractured with hemothorax left side. A fracture of proximal shaft of right ulna was also found. Both lungs intact and both chambers of heart were filled with clotted blood. There was no sharp cut injury on the body of the deceased. Learned counsel for the petitioners further submitted that similar situated co- accused, namely, Dhrup Singh has been granted anticipatory bail Patna High Court CR. MISC. No.67418 of 2024(3) dt.10-01-2025 3/3 vide order dated 29.11.2024 passed by this Court in Criminal Miscellaneous No. 59709 of 2024. Other two accused persons, namely, Ravi Kumar and Laxman Singh have been granted regular bail vide Criminal Miscellaneous No. 82718 of 2024 and Criminal Miscellaneous No. 67585 of 2024 respectively. Lastly, it has been submitted that petitioner has one criminal case against him. 5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Baikanthpur P.S. Case No. 64 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C. premchand/- (Khatim Reza, J) U T