IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84128 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- Aunsi District- Madhubani ====================================================== 1. Asif Nadim S/O Nemtullah R/O- Khairi Banka, Ward No.-09, P.S - Aunsi, District- Madhubani. 2. Chamkila Praveen D/O Nemtullah R/O- Khairi Banka, Ward No.-09, P.S - Aunsi, District- Madhubani. 3. Savila @ Chandani Parveen D/O Nemtullah R/O- Khairi Banka, Ward No.- 09, P.S - Aunsi, District- Madhubani. 4. Shabana Begam W/O Nemtullah R/O- Khairi Banka, Ward No.-09, P.S - Aunsi, District- Madhubani. 5. Nargish Praveen W/O Asamtullah R/O- Khairi Banka, Ward No.-09, P.S - Aunsi, District- Madhubani. 6. Md. Shakil S/O Late Suleman R/O Village- Parsauni, P.S- Patauna, Distt.- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ashok Kumar, Advocate For the State : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 29-01-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(1), 118(1), 117(2), 109, 303(2), 352, 351(2), 324(4) and 3(5) of the B.N.S.. 3. As per prosecution case, it is alleged that on 16.07.2024, all the F.I.R. named accused persons, including these petitioners, assaulted informant with sword, iron rod, lathi, Patna High Court CR. MISC. No.84128 of 2024(3) dt.29-01-2025 2/3 danda and khanti. It is further alleged that on the orders of co- accused Nemtullah, Petitioner No. 1 assaulted brother of informant with iron rod and thereafter when the informant went to save his brother, co-accused Nemtullah assaulted on his head by means of sword. It is further alleged that Petitioner No. 4 snatched gold chain, cash worth Rs. 5,000/- and phone from pocket of informant. 4. It is submitted by learned counsel appearing on behalf of the petitioners are innocent and have falsely been implicated in this case. As a matter of fact, petitioners and informant are gotiyas and there is admitted land dispute between them due to which, on the alleged date and time of occurrence, a quarrel took place in which informant and others sustained injuries. F.I.R. has been lodged after inordinate delay of 7 days and there is no plausible explanation for the same. There are general and omnibus allegations. Petitioners have got clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and there is specific accusation against Petitioner No. 1 of assaulting brother of informant with iron rod. Patna High Court CR. MISC. No.84128 of 2024(3) dt.29-01-2025 3/3 6. Considering the aforesaid facts and circumstances and direct and specific accusation of assault, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected. 7. So far as Petitioner Nos. 2 to 6 are concerned, considering the general and omnibus allegations and clean antecedents, the prayer for grant of anticipatory bail to Petitioner Nos. 2 to 6 is allowed. 8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 2 to 6 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 A.C.J.M.-I, Benipatti, Madhubani in connection with Aunsi P.S. Case No. 41 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S.. 9. With the aforesaid directions, this application stands disposed of. shashank/- (Prabhat Kumar Singh, J) U T