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2025 DAILYLAW 76851 (PAT)

Rohit Kumar @ Rohit Kumar Mandal v. The State of Bihar

CR. MISC./67687/2025 · 2025-09-24

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67687 of 2025 Arising Out of PS. Case No.-283 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== 1. Rohit Kumar @ Rohit Kumar Mandal Son of Late lakshman mandal Resident of Village - Baliyadih, Amhara, Ward no. 08, Police Station - Forbesganj, District - Araria. 2. Pawan Kumar @ Pawan Kumar Mandal Son of Late Lakshman Mandal Resident of Village - Baliyadih, Amhara, Ward no. 08, Police Station - Forbesganj, District - Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh For the Opposite Party/s : Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 24-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(1), 191(3), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351 (2) of B.N.S. (146, 148, 149, 341, 323, 324, 307, 379, 504, 506 IPC). 3. Allegation against the petitioners is that they along with other co-accused persons came to the informant’s house and assaulted the informant’s brother Deepak Kumar with hoe, iron rod and dabiya. Further, when the informant’s another brother and mother came to save his brother, the accused Patna High Court CR. MISC. No.67687 of 2025(2) dt.24-09-2025 2/3 persons assaulted them. It is further alleged that they also looted cash. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. They are merely victims of false implication. Learned counsel submits that due to land dispute, a free fight took place between the parties and the role attributed to the petitioners are not specific rather general and omnibus in nature. For the same occurrence, petitioners’ side has also filed a complaint bearing Complaint Case No.1138 of 2025 against the informant’s side. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, the case and counter-case between the parties, the fact that no specific role has been attributed to the petitioners and the clean antecedent of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.67687 of 2025(2) dt.24-09-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No.283 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. pallavi/- (Prabhat Kumar Singh, J) U T