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2025 DAILYLAW 75699 (PAT)

Shyam Ji Ram v. The State of Bihar

CR. MISC./65790/2025 · 2025-09-17

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65790 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- NOKHA District- Rohtas ====================================================== 1. Shyam Ji Ram Son of Butai Ram Resident of village - Shivpur, P.S.- Nokha, District - Rohtas. 2. Dhanu Babu Ram @ Dhan Babu Ram @ Dhan Babu Kumar Son of Shyam Ji Ram Resident of village - Shivpur, P.S.- Nokha, District - Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Kant, Adv. For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Nokha P.S. Case No. 117 of 2025 dated 26.04.2025, registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2), 351(3) and 74 of the Bharatiya Nayay Sanhita, 2023. 3. The allegation against the petitioners and other co- accused is that they came at the door of the informant in an inebriated condition and told that the Community Hall was theirs and they would do whatever they liked. Thereafter, it is alleged that the petitioners along with others suddenly attacked Patna High Court CR. MISC. No.65790 of 2025(2) dt.17-09-2025 2/3 the informant and his family members with lathi and danda. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is specific allegation of assault on the person of the informant by the co-accused Amit Ram, who hit on the head of the informant due to which he fell down. There is no specific allegation against the petitioners, rather, the allegation against the petitioners is general and omnibus. It is submitted that from the injury report, it appears that all the injuries are simple in nature caused by hard and blunt substance. It is submitted that there is case and counter case between the parties. Counter case has been lodged by wife of petitioner no. 1 bearing Nokha P.S. No. 118 of 2025 against the informant’s side. Lastly, it has been submitted that they have no criminal antecedents. 5. Learned A.P.P. has opposed the prayer for 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 petitioners within a period of six weeks from today, in connection with Nokha P.S. Case No. 117 of 2025, they shall be released on anticipatory bail upon Patna High Court CR. MISC. No.65790 of 2025(2) dt.17-09-2025 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rohtas, Sasaram, subject to condition as laid down under Section 482(2) of B.N.S.S.. prabhat/- (Khatim Reza, J) U T