IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66215 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- BATHNAHA District- Sitamarhi ====================================================== 1. Manoj Rai S/o Late Mosafir Rai R/o Village - Mahuaawa @ Mahuawa @ Mahuwaba, P.S. - Bathnaha, District - Sitamarhi 2. Chitranjan Kumar S/o Manoj Rai R/o Village - Mahuaawa @ Mahuawa @ Mahuwaba, P.S. - Bathnaha, District - Sitamarhi 3. Binod Rai S/o Late Chandeshwar Rai Father's Name Ramjanam Rai is wrongly mentioned on Page no. 3 of the F.I.R R/o Village - Jhitkahiya @ Jhitkahia,, P.S. - Bathnaha, District - Sitamarhi 4. Manoj Rai S/o Late Chandeshwar Rai R/o Village - Jhitkahiya @ Jhitkahia,, P.S. - Bathnaha, District - Sitamarhi 5. Gulshan Kumar S/o Binod Rai R/o Village - Jhitkahiya @ Jhitkahia,, P.S. - Bathnaha, District - Sitamarhi 6. Sanni Kumar S/o Ram Janm Rai @ Ram Janam Rai R/o Village - Jhitkahiya @ Jhitkahia,, P.S. - Bathnaha, District - Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Adv For the Opposite Party/s : Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 19-09-2025 1. Heard learned counsel for the petitioners as well as learned APP for the State. 2. At the outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of the petitioner no. 1 namely, Manoj Rai, as he has been arrested and the same has become infructuous. 3. The permission is accorded. 4. The application on behalf of the petitioner no. 1 is dismissed as withdrawn. 5. The petition now only survives against petitioner nos. 2 to 6. Patna High Court CR. MISC. No.66215 of 2025(2) dt.19-09-2025 2/3 6. The petitioners apprehend their arrest in connection with Bathnaha P.S. Case no. 03/2025, registered under Sections 126(2), 127(2), 115(2), 118(1), 117(2), 109(1), 303(2), 351(2), 351(3), 352, 3(5) of the BNS. 7. The allegation in the first information is that all the accused persons being 12 in number came and assaulted the informant and his family members, causing injuries to them. 8. Learned counsel for the petitioners submits that it would be apparent from the first informant report itself that, so far as these petitioners are concerned, there are general and omnibus allegations of assault, and the specific allegations have been levelled against other co-accused persons, namely, Madhuranjan Kumar and Ramjanam Rai, who have caused injuries to Jaymangal Rai which is simple in nature, and Priyanshu Kumar which is grievous in nature. It is further submitted that there is a free fight between both the parties and there is a case and counter-case on account of a land dispute. The present FIR has also been lodged after a delay of about six days. The petitioners undertakes to cooperate in the case/trial. 9 . The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that about six persons have been injured on the side of the informant however, it has Patna High Court CR. MISC. No.66215 of 2025(2) dt.19-09-2025 3/3 been responded on behalf of the informant that the injuries are all in the nature of laceration, body pain, swelling etc and the only grievous injury suffered has been attributed to co-accused Ramjanam Rai. 10. Taking into consideration the aforesaid facts and circumstances and also considering that there is general and omnibus allegations of assault against these petitioners and they have caused no serious injury to any one, coupled with the factum of delay in FIR and existence of a case and counter-case, let the above named petitioner nos. 2, 3, 4, 5 and 6 in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bathnaha P.S. Case no. 03/2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi/Competent Jurisdiction, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. krishnakant/- (Soni Shrivastava, J) U T