IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67798 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== 1. Bullet Puri @ Bulet Kumar Puri Son of Narendra Puri Resident of Machhagar, Jagdish, P.S. - Hathua, District - Gopalganj 2. Nirbhay Puri Son of Biresh Kumar Puri Resident of Machhagar, Jagdish, P.S. - Hathua, District - Gopalganj 3. Rajnish Puri @ Rajanish Kumar Puri Son of Hirdyanand Puri Resident of Machhagar, Jagdish, P.S. - Hathua, District - Gopalganj 4. Shubhawati Devi Wife of Nirbhay Puri Resident of Machhagar, Jagdish, P.S. - Hathua, District - Gopalganj ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Giri, Sr. Advocate Mr. Sumit Kumar Jha, Advocate Mrs. Riya Giri, Advocate Mr. Prateek Raj, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP For the Informant : Mr. Brahamputra Singh, Advocate Mrs. Poonam Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 10-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Hathua P.S. Case No. 46 of 2024 dated 12.03.2024 registered for the offences punishable under Sections 147, 148, 149, 326, 307 and 302 of the Indian Penal Code. Patna High Court CR. MISC. No.67798 of 2024(4) dt.10-10-2025 2/6 3. As per the prosecution case, on 11.03.2024 at 9.00 P.M., the informant and her husband Kaptan Sah (deceased) were sitting in their Bathan, in the meantime, being annoyed due to previous land dispute, the petitioner no.1, Bullet Puri came in the bathan of the informant and started parking the vehicle which came in the barat, in front of the informant’s Bathan. The informant and her husband protested by asking him to park the said vehicle in the vacant place. On this, the petitioner no.1, Bullet Puri got annoyed and called the accused persons through phone namely, Nirbhay Puri, Nitesh Puri, Manish Puri, Harendra Puri, Arjun Puri, Sumit Puri, Ramesh Puri, Baby Devi, Tuntun Sah, Manager Sah, Jamadar Sah, Vikash Gupta, Rajnish Puri and Subhawati Devi who all variably being armed with weapons conjointly came there and the petitioner no. 2, Nirbhay Puri gave an order to kill so that no problem would come in construction of Aaganbari. On this, all the accused persons started assaulting the informant’s husband with lathi-danda. When the informant’s husband fell down on the ground in unconscious position, the petitioner no.1, Bullet Puri threw Acid on the face of the informant's husband, due to that, her husband sustained grievous injury and also got restless. It is further alleged that on hulla made by the informant, the Patna High Court CR. MISC. No.67798 of 2024(4) dt.10-10-2025 3/6 people of barat came thereafter the accused persons fled away from there. The informant’s son also came and called the police. The police came and took her husband in injured condition to the Hathua Hospital and from there he was referred to Sadar Hospital, Gopalganj for better treatment but her husband died in Emergency Ward of Sadar Hospital, Gopalganj. It is further alleged that when the accused person was throwing Acid on the face of the informant, some drops of Acid were also sprinkled on the body of the accused persons. The reason behind the occurrence is that there is some Gairmajurua land ahead the land of the informant and her husband wanted to construct a temple but the petitioner no.2, Nirabhay Puri wanted to construct an Aaganbari on the said Gairmajrua land because his wife i.e., Shubhawati Devi was elected as a ward member of Nagar Panchayat and he wants to construct the Aaganbari from his fund. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the alleged offence. There is a case and counter case between the parties. Both the sides have sustained injury. There is general and omnibus allegation against the petitioner no. 3 and 4. The Patna High Court CR. MISC. No.67798 of 2024(4) dt.10-10-2025 4/6 petitioner no. 4 is a lady. The other co-accused person has been granted regular bail by this court vide order dated 22.08.2024 passed in Cr. Misc. No. 45306/2024. As per the postmortem report, the external examination of the deceased is mentioned as:- Rigor mortis present in all four limbs, both eye closed, Mouth open and bleeding from right side, Right ear bleeding present, Lacerated wound of size- 0.5 cm 0.5 cm x skin deep on right ear, bruise of size 3cm x 2cm on right arm, lacerated wound of size 3cm x 1cm x skin deep on right hand, lacerated wound of size 4cm x 1cm x skin deep on right leg and left knee swelling of size- 3cm x 2cm and dislocated. As per the external examination no any acid injury was found on the deceased and the cause of death is head injury caused by impact of hard and blunt substance. The petitioner no. 4 has no criminal antecedent whereas the petitioner no. 1 and 3 have one criminal antecedent and the petitioner no. 2 has three antecedents as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioners. As per the post-mortem report, the cause of death is due to head injury. It is further submitted that the petitioner no. 2 is the order giver. Patna High Court CR. MISC. No.67798 of 2024(4) dt.10-10-2025 5/6 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner no. 1, 3 and 4, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, ACJM-X, Gopalganj in connection with Hathua P.S. Case No. 46 of 2024, subject to conditions as laid down under Section 482(2) of the B.N.S.S., 7. The application stands allowed with regard to the petitioner no.1, 3 and 4. 8. So far as, the petitioner no. 2 namely, Nirbhay Puri is concerned, considering the aforesaid facts and circumstances of the case as well as the allegation levelled against the petitioner no.2 namely, Nirbhay Puri, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected of with direction to the petitioner no.2 namely, Nirbhay Puri to surrender before the concerned Court below within six weeks from the date of this order and the learned Court below may consider his prayer for regular bail in accordance with law and of its own merits without being prejudiced by this order. 9. Accordingly, the application regarding petitioner Patna High Court CR. MISC. No.67798 of 2024(4) dt.10-10-2025 6/6 no.2 namely, Nirbhay Puri stands rejected. Atul/- (Chandra Prakash Singh, J) U T