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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64541 of 2025 Arising Out of PS. Case No.-937 Year-2024 Thana- SIKARPUR District- West Champaran ======================================================
1. Triloki Verma @ Triloki Lal Son of Late Vikram Prasad Resident of Village- Chakki Pakadi, Ward no. 9, Ps- Shikarpur, Dist- West champaran At P/A- Resident Of Village- Chaturbhujwa Ps- Shikarpur District -West Champaran
2. Golu Kumar @ Golu Shrivastava @ Roman Kumar Verma @ Raman Kumar Verma Son of Triloki Verma @ Triloki Lal Resident of Village- Chakki Pakadi, Ward no. 9, Ps- Shikarpur, Dist- West champaran At P/A- Resident Of Village- Chaturbhujwa Ps- Shikarpur District -West Champaran
3. Diwakar Prasad @ Diwakar Verma son of Bhavan Prasad @ Tribhuwan Prasad Resident of Village- Chakki Pakadi, Ward no. 9, Ps- Shikarpur, Dist- West champaran At P/A- Resident Of Village- Chaturbhujwa Ps- Shikarpur District -West Champaran
4. Sudhir Kumar Verma @ Sudhir Verma Son of Bhavan Prasad @ Tribhuwan Prasad Resident of Village- Chakki Pakadi, Ward no. 9, Ps- Shikarpur, Dist- West champaran At P/A- Resident Of Village- Chaturbhujwa Ps- Shikarpur District -West Champaran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Pronoti Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Shikarpur P.S. Case No. 937 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 303, 352, 3(5) of the BNS. 3. As per prosecution case, informant is employee
Patna High Court CR. MISC. No.64541 of 2025(2) dt.17-09-2025 2/4 of Shatrudhan Singh. It is alleged that petitioners and others came on the grocery shop of Shatrudhan Singh and started abusing him. When the same was protested by Shatrudhan Singh, all the accused persons started assaulting him by means of fists and slaps. When the informant went to rescue Shatrudhan Singh, petitioner no. 4 assaulted the informant upon his head by means of silencer as a result of which informant sustained head injury and, in the meanwhile, petitioner no. 2 and co-accused Niraj Srivastava started pressing the neck of informant.
It is alleged that when the nephew of Shatrudhan Singh, namely, Brij Kishor Singh came to rescue the informant, petitioner no. 4 assaulted him upon his head by means of lathi as a result of which Brij Kishor sustained head unjury. It is further alleged that petitioner no. 3 and other assaulted Guddu Singh (son of Shatrudhan Singh), who came to rescue the informant, by means of lathi and patha upon his left leg due to which Guddu Singh sustained injury in his left leg. It is further alleged that petitioner no. 1 stolen Rs. 2,500/- from the grocery shop of Shatrudhan Singh. 4. Learned counsel for the petitioners submits that the dispute arose on a very trivial matter of keeping the straw and there was no intention to commit attack upon the members
Patna High Court CR. MISC. No.64541 of 2025(2) dt.17-09-2025 3/4 of prosecution side. He further submits that there is no allegation of repetition of blow against any of the petitioners. He further submits that the nature of injuries sustained by the injured persons are simple. In the light of the aforesaid facts and circumstance, no case is made out against the petitioners under Section 109 of BNS. He further submits that on good sense being developed, the parties have resolved the dispute and the informant has filed petition in the learned trial court showing compromise and also expressing his desire of not to proceed with the case. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioner nos. 1, 2 and 4 bear criminal antecedent of one case in which they are on bail and petitioner no. 3 bears no criminal antecedent. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners by submitting that petitioners’ name find place in the FIR and they cannot escape from the allegation made in FIR. Hence, petitioners do no deserve anticipatory bail.
6. Considering the facts and circumstances of the case, there is no allegation of repetition of blow against any of the petitioners, argument advanced on behalf of both sides and
Patna High Court CR. MISC. No.64541 of 2025(2) dt.17-09-2025 4/4 also taking into consideration the material available on record, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 937 of 2024, subject to the conditions as laid down under Section 482 (2) of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T