IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60568 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Ranjit Kumar son of Late Shivmangal Prasad Resident Of VIllage - Lakhaura Bichla tola, Ps- Lakhaura, dist- East Champaran At Present Residing C/o- shivmangal, Mohalla- 5, Ladubenni chali, Krishnangar, Ps- Amraiwadi, Dist- Ahmedabad, Gujrat ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Tiwari For the Opposite Party/s : Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Lakhaura P.S. Case No. 135 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 351(2), 303(2), 76, 352 and 3(5) of B.N.S, 2023. 3. As per prosecution case, petitioner and other armed with lathi, danda and iron rod came at the house of the informant and started abusing the informant. It is alleged that on the order of the co- accused Madhusudan Prasad, petitioner and Vishwajeet Prasad dashed the informant on the ground and assaulted her with leg and fist. When husband of the informant came for rescue, petitioner assaulted him by means of rod upon his head causing injury with oozing of blood. Thereafter, accused persons tore the saree of the Patna High Court CR. MISC. No.60568 of 2025(2) dt.08-09-2025 2/3 informant and entered in her house and took away cash of Rs. 5000/- from the box and also damaged the motorcycle. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Petitioner and informant’s husband are own brother and between them a partition suit regarding anecestral property is already pending in the civil court. On account of said civil dispute, present case has been lodged in order to pressurize the petitioner. There is case and counter case between both the parties and the allegation made in the FIR is without any basis. He further submits that all sections are bailable except Section 76 and 109 of B.N.S and other allegation made in the FIR was nothing but super- addition. There was no intention to commit the murder of anyone, as such no case under Section 109 of BNS is made out against the petitioner. It is further submitted that informant’s husband has sustained lacerated wound vertex of size ½” x1/6” x skin deep, but it has not been mentioned that the said injury is simple or grievous in nature. There is no repetition of blow upon the head of the informant’s husband. Apart from that, petitioner bears no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that there is allegation the petitioner who is said to have assaulted the Patna High Court CR. MISC. No.60568 of 2025(2) dt.08-09-2025 3/3 informant's husband upon the head and he cannot escape from the liability made in the FIR. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, there is no allegation of repetition of blow against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, East Champaran in connection with Lakhaura P.S. Case No. 135 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T