IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88357 of 2024 Arising Out of PS. Case No.-372 Year-2021 Thana- Mufassil District- Khagaria ====================================================== 1. Arjun Chaudhary S/O Late Jageshwar Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 2. Roshan Chaudhary @ Raushan Kumar S/O Sri Arjun Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 3. Manish Kumar @ Sonu S/O Sri Arjun Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 4. Navin Chaudhary S/O Late Ugandeo Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 5. Arbind Chaudhary S/O Late Ugandeo Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 6. Sanjay Chaudhary S/O Sri Niwas Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 7. Ballu Chaudhary S/O Sri Niwas Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 8. Bido Chaudhary @ Vidyanand Choudhary S/O Late Satto Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 9. Sonu Chaudhary S/O Bido Chaudhary @ Vidyanand Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 10. Suraj Chaudhary @ Suraj Kumar S/O Bido Chaudhary @ Vidyanand Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 11. Moti Chaudhary S/O Azad Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 12. Bilo Roy S/O Late Ramdhan Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 13. Ramashish Roy S/O Late Ramdhan Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 14. Guddu Roy @ Dhori Roy @ Guddu Kumar S/O Billo Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 15. Bittu Roy S/O Billo Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 16. Golu Roy @ Golu Kumar S/O Billo Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 17. Golu Roy @ Golu Kumar S/O Ramashish Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 18. Bhako Roy @ Ramashray Roy S/O Late Bhumi Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 19. Rajiv Roy @ Rajiv Kumar S/O Ramadhar Roy R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria 20. Rohit Roy @ Rohit Kumar S/O Ramadhar Roy R/O Naya Tola, Ward No. Patna High Court CR. MISC. No.88357 of 2024(2) dt.08-01-2025 2/4 17, P.S.- Muffiasil, District- Khagaria 21. Ghanshyam Chaudhary S/O Late Makhkhu Chaudhary R/O Naya Tola, Ward No. 17, P.S.- Muffiasil, District- Khagaria ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Khagaria Muffasil P.S. Case No. 372/2021, corresponding to G.R. No.143/2021 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 337, 379, 504, 506 of the Indian Penal Code. 3. As per prosecution case, the petitioners and others came with lathi, bricks and asked the informant not to clean the drain when same was resisted it is alleged that petitioner no.1 is said to have assaulted the informant by means of lathi with intention to kill as a result of which informant sustained injury on his leg. It is further alleged that petitioner no.3 is said to have assaulted by means of lathi upon the head of Pankaj Rai as a result of which he sustained injury on his head. Patna High Court CR. MISC. No.88357 of 2024(2) dt.08-01-2025 3/4 It is further alleged that petitioner no.9 is said to have assaulted by means of rod upon the head of Angad Rai as a result of which he sustained injury on his head. It is further alleged that petitioners and others concertedly assaulted the informant and his family members and left them in injured conditions. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case due to village politics. Petitioners bear no criminal antecedent. He further submits that there is a case and counter case between both the parties, in this context, facts are generally exaggerated. Both parties are neighbours and free fight cannot be ignored. Both parties have sustained injuries and there is no specific allegation made in FIR which shows the use of sharp cutting weapons. Except the allegations attributed to petitioner nos. 1, 3 and 9, all the allegations are general and omnibus in nature and also all the injuries are simple in nature. In the light of aforesaid facts and circumstances of the case, no offence is made out under section 307 of the I.P.C. and other allied sections. 5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners. Patna High Court CR. MISC. No.88357 of 2024(2) dt.08-01-2025 4/4 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Khagaria in connection with Khagaria Muffasil P.S. Case No. 372/2021, corresponding to G.R. No.143/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. amitkumar/- (Alok Kumar Pandey, J) U T