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2025 DAILYLAW 89017 (PAT)

Kailash Rai v. The State of Bihar

CR. MISC./539/2025 · 2025-02-11

Anil Kumar Sinha

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.539 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1. Kailash Rai S/O Bal Govind Rai Resident of Village-Inayatpur Dhomaun, Police Station-Shahpur Patori, District-Samastipur. 2. Pawan Kumar Rai Son of Bindeshwar Rai Resident of Village-Inayatpur Dhomaun, Police Station-Shahpur Patori, District-Samastipur. 3. Satya Narayan Rai Son of Kailash Rai Resident of Village-Inayatpur Dhomaun, Police Station-Shahpur Patori, District-Samastipur. 4. Punam Devi @ Punam Kumari wife of Satya Narayan Rai Resident of Village-Inayatpur Dhomaun, Police Station-Shahpur Patori, District- Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar For the Opposite Party/s : Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-02-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Shahpur Patori Police Station Case No. 55 of 2024, dated 14.02.2024, disclosing offences punishable under Sections 147/149/341/323/325/307/354/504/506 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case, as per the First Information Report, is that on 14.02.2024, at about 07:30 AM, while the informant was preparing for Saraswati Puja at her home, Patna High Court CR. MISC. No.539 of 2025(2) dt.11-02-2025 2/3 the petitioners, along with other co-accused persons, armed with farsa, pistols, lathi, country-made pistols, entered into the house of the informant and started assaulting the son of the informant. When objected by the informant and her husband, the accused persons started assaulting them by means of farsa and country-made pistols. The petitioner no. 3 attacked the husband of the informant with farsa on his head, causing head injury. The petitioner no. 2 assaulted the informant by means of farsa, the petitioner no. 3 ordered to cut the head of the informant’s husband. There is no specific allegation against petitioner no. 1. 4. Learned Counsel for the petitioners submits that both the parties are co-sharers and co-villagers and the scuffle between them took place due to quarrel between the children. He further submits that from perusal of the impugned order, it is evident that the report regarding injuries caused to the informant and her family members have not been brought on record by the prosecution despite several opportunities. Both the parties have settled their dispute and a joint compromise petition has been filed before the Judicial Magistrate, 1st Class, Samastipur Patna High Court CR. MISC. No.539 of 2025(2) dt.11-02-2025 3/3 (Annexure 2). 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-sharers and co-villagers and the injuries caused to the informant and others have not been brought on record by the prosecution, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Shahpur Patori Police Station Case No. 55 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √