IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.546 of 2025 Arising Out of PS. Case No.-223 Year-2024 Thana- BELHAR District- Banka ====================================================== 1. Basuki Tanti S/O Dorik Tanti R/O Village- Sarsadda, P.S- Belhar, Distt.- Banka. 2. Nitish Kumar @ Nitish Tanti S/O Basuki Tanti R/O Village- Sarsadda, P.S- Belhar, Distt.- Banka. 3. Manish Kumar @ Manish Tanti S/O Basuki Tanti R/O Village- Sarsadda, P.S- Belhar, Distt.- Banka. 4. Rani Devi W/O Basuki Tanti R/O Village- Sarsadda, P.S- Belhar, Distt.- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Pandey For the Opposite Party/s : Mr.Dr. Indiwar Kumari ====================================================== 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 Belhar Police Station Case No. 223 of 2024, dated 12.07.2024, disclosing offences punishable under Sections 126(2)/115(2)/76/303(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that on 11.07.2024, in the morning, while the informant was constructing lavatory on her land, the petitioners, Patna High Court CR. MISC. No.546 of 2025(2) dt.11-02-2025 2/3 along with others, armed with lathi, khanti, iron-rod, abused the informant and when the informant protested, the accused persons started assaulting the informant, pulled her down on the ground and torn her blouse. The petitioner no. 4 also abused and assaulted the informant and when the husband of the informant intervened, all the accused persons assaulted him. The petitioner no. 3 assaulted the husband of the informant by means of iron- rod on his head on the orders of petitioner no. 1. The accused persons also snatched mangalsutra of the informant. 4. Learned Counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. No injury has been caused to the informant and her family members and only Sections 303(2)/76 of the Bhartiya Nyaya Sanhita, 2023 are non-bailable and from perusal of the First Information Report, both these sections are not attracted. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them and the injuries are not serious in nature, I am Patna High Court CR. MISC. No.546 of 2025(2) dt.11-02-2025 3/3 inclined to grant the petitioner 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 Chief Judicial Magistrate, Banka, in connection with Belhar Police Station Case No. 223 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 √