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2025 DAILYLAW 79019 (PAT)

Ram Ishwar Kumar v. The State of Bihar

CR. MISC./70480/2025 · 2025-10-08

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70480 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- GURUA District- Gaya ====================================================== 1. Ram Ishwar Kumar S/o Umesh Das R/o Village - Matua Tola Balapar, P.S - Gurua, District - Gaya 2. Vikash Kumar S/o Umesh Das R/o Village - Matua Tola Balapar, P.S - Gurua, District - Gaya 3. Sonu Kumar S/o Wakil Das R/o Village - Matua Tola Balapar, P.S - Gurua, District - Gaya 4. Naresh Ravidas S/o Chauthi Ravidas R/o Village - Matua Tola Balapar, P.S - Gurua, District - Gaya 5. Anil Ravidas @ Wakil Ravidas S/o Tetar Ravidas R/o Village - Matua Tola Balapar, P.S - Gurua, District - Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 117(2), 109, 303(2), 324(4) of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, armed with lathi, danda, iron rod and country made pistol, entered the house of informant and brutally assaulted informant and his family Patna High Court CR. MISC. No.70480 of 2025(2) dt.08-10-2025 2/3 members. It is further alleged that the accused persons also looted cash, jewellery and other valuable items from the house of informant. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Case and counter case. Case lodged by the petitioners’ side is earlier in point of time. Rest of the allegations are ornamental only to make the case grave. Petitioner nos. 1 to 3 claim clean antecedent and petitioner nos. 4 & 5 have got one criminal antecedent in which they are on bail. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Gurua P. S. Case No. 105 of Patna High Court CR. MISC. No.70480 of 2025(2) dt.08-10-2025 3/3 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T