IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66646 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== 1. Shankar Sada, S/o Karori Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 2. Arun Sada, S/o Bino Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 3. Dinesh Sada, S/o Rambadan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 4. Manoj Sada, S/o Rambadan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 5. Nitish Sada @ Nitish Kumar, S/o Sattan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 6. Sattan Sada, S/o Ram Khelawan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 7. Ramratan Sada @ Ramratna Sada, S/o Ram Khelawan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria 8. Sultan Sada, S/o Ram Khelawan Sada, R/o vill - Kargil Tola Narayana, P.S.- Morkahi, Distt.- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the Opposite Party/s : Mr. Rajiv Nayan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 17-09-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 95 of 2025, registered for the offences punishable under Sections 329(3), 126(2), 115(2), 111, Patna High Court CR. MISC. No.66646 of 2025(2) dt.17-09-2025 2/3 308(3), 351(2), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The allegation against the petitioners is of illegal encroachment upon the land of the informant by making unauthorized hut over the land in question, when the same was protested, the accused persons also demanded rangdari to the tune of Rs. 5,00,000/-. They also misbehaved with the informant on the point of pistol. 4. Learned Advocate appearing on behalf of the petitioners submitted that the alleged occurrence took place in the night of 25.06.2025, but the present FIR came to lodged on 02.07.2025, after a lapse of 7 days, without there being any explanation for the delay. From the narrations made in the FIR, it is evident that there is a land dispute going on between the parties and only in order to mount pressure upon all of them, FIR has been instituted against 26 persons with an omnibus nature of allegation. With respect to criminal antecedent, it has been disclosed in paragraph no. 3, however, they undertake that they will fully abide by the terms and the condition as would be imposed by this Court and would not indulge in such activities. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the Patna High Court CR. MISC. No.66646 of 2025(2) dt.17-09-2025 3/3 accused persons have actively participated in the crime. 6. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the delay in lodging of the FIR, coupled with the omnibus nature of allegation as also the genesis of land dispute, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Khagaria in connection with Morkahi P.S. Case No. 95 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the immediate family member of the petitioner. supratim/- (Harish Kumar, J) U T