IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72269 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna ====================================================== 1. Vishal Kumar S/o Sri Rakesh Rai R/o Village- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna 2. Pravin Kumar S/o Sri Rakesh Rai R/o Village- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna 3. Abhishek Kumar@Abhishek S/o Sri Manoj Kumar R/o Village- Nakta- Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna 4. Manish Kumar S/o Sri Bhagirath Rai R/o Village- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna 5. Manjesh Rai@Manjesh Kumar S/o Sri Ramyad Rai R/o Village- Nakta- Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna 6. Nitish Kumar S/o Sri Ramyad Rai R/o Village- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna ... ... Petitioners. Versus The State of Bihar . ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72806 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna ====================================================== Bhagirath Rai @ Bhagirath Prasad Yadav @ Bhagirath Prasad S/o Late Rajendra Rai Ex-Mukhiya of Gram Panchayat Nakta-Diara, R/o Village- Nakta-Diara, R/v- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76300 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna ====================================================== Manoj Rai @ Manoj Kumar S/o Late Rajendra Rai R/o Village- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v- Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 72269 of 2024) For the Petitioner/s : Mr.Vijay Kumar Sinha, Adv For the Opposite Party/s : Mr.Md. Ataur Rahman, APP Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025 2/4 (In CRIMINAL MISCELLANEOUS No. 72806 of 2024) For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 76300 of 2024) For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 01-07-2025 All the above mentioned applications are being taken up together as they arise out of the Digha P.S.Case No.330 of 2024. Heard learned counsel for the petitioners, learned counsel for the Informant and learned APP for the State. 2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 324, 323, 307, 379/34 of the Indian Penal Code. 3. The allegation in the FIR is that all the accused persons had intercepted the informant and while one Manoj Rai and Rakesh Rai caught hold of the informant and one Bhagirath Rai had ordered to kill and thereafter, assaulted him on the head by means of butt of pistol. It is further alleged that the other accused persons also assaulted the informant by means of iron rod and bamboo sticks due to which he sustained serious injury in his hand. 4. Learned counsel for the petitioner submits that both the parties are Gotiyas and there is case and counter case Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025 3/4 between the parties which is annexed as Annexure-2 and 3 to the petition. Further there is general and omnibus allegation against all the petitioners and with regard to petitioner Bhagirath Rai in Cr. Misc . No. 72806 of 2024, the allegation is that he had assaulted by means butt of the pistol on the head of the informant. The injury report of the informant enclosed as Annexure-6 to the present petition however, discloses that the informant has sustained injury which is simple in nature caused by hard and blunt substance. There is only pain injury on the forearm of the informant as against the allegation made upon the other petitioners of Cr. Misc. No. 72269 of 2024 and thus this shows the falsity of the allegation. It has further been submitted that no case under section 307 would be made out in the facts and circumstances as according to their own allegation, that one of the petitioner was armed with pistol and the same was not used to cause any firearm injury. It has also been submitted that earlier a criminal case has been filed by the mother of the petitioner with regard to the present occurrence and the informant side has already been granted anticipatory bail by the learned court below. 5. Learned counsel for the informant however vehemently opposes the grant of anticipatory bail on the ground Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025 4/4 that the accused persons have assaulted the informant causing injury to him which is on vital part of the body. 6. Taking into consideration the rival contentions of the parties and also considering that one of the co-accused person being Ramyad Rai has already been granted the privilege of anticipatory bail vide order dated 12.05.2025 passed in Cr. Misc. No. 72148 of 2024, accordingly let the petitioners, in the event of their arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Digha P.S.Case No. 330 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioners shall co-operate in investigation/ trial. 7. 7. Accordingly, the application stands disposed of. N.K/- (Soni Shrivastava, J) U T