IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3070 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1. Prabhu Bhagat S/O Prem Sagar Bhagat Resident of Village- Madachak, PS- Gopalpur, Distt- Gopalganj 2. Prem Sagar Bhagat S/O Late Ganesh Bhagat Resident of Village- Madachak, PS- Gopalpur, Distt- Gopalganj 3. Rajan Bhagat @ Rajan Kumar S/O Late Ramesh Bhagat Resident of Village- Madachak, PS- Gopalpur, Distt- Gopalganj 4. Ghanshyam Bhagat @ Ghanshyam Kumar S/O Bhola Bhagat Resident of Village- Madachak, PS- Gopalpur, Distt- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 09-05-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 190, 191(2), 126(2), 115(2), 118(2), 118(2), 109(1), 303(2) of B.N.S.S., 2023. 3. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.3, namely, Rajan Bhagat @ Rajan Kumar and petitioner no.4, namely, Ghanshyam Bhagat @ Ghanshyam Kumar. 4. Permission is accorded. Patna High Court CR. MISC. No.3070 of 2025(3) dt.09-05-2025 2/3 5. It is next submitted that petitioner no.1 and 2 are persons with clean antecedent and the informant alleges that he came to know that accused persons are cutting his crop, hence he along with his wife and others went to the place of occurrence and protested, when Prabhu assaulted him by farsha causing injury on head, thereafter Yashodiya Devi assaulted by lathi causing fracture of hand, further Nirmala and Sakuntala also assaulted and when his wife came to his rescue when Rajan assaulted her by sword causing injury on head, while Raja assaulted her by Garasha causing injury on finger while Pushpa assaulted by lathi causing fracture of hand, thereafter Prem Sagar, Nirmala and Pushpa assaulted her by lathi causing fracture of both the legs, thereafter Marachia and Raja assaulted Pintu, it is next alleged that Ghanshyam assaulted Rudal by Garasha causing fracture of head, when villagers came, injured were taken to hospital for treatment. 6. 6. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that Prabhu is alleged to have assaulted the informant by farsha causing injury on head but then the injury suffered by the informant on head is opined to be simple in nature and the blow is not alleged to have been repeated. Further, Prem Sagar Patna High Court CR. MISC. No.3070 of 2025(3) dt.09-05-2025 3/3 is alleged to have assaulted the wife of the informant along with Nirmala and Pushpa, as such the allegation against him is not specific. It is further submitted that Prem Sagar is aged about 75 years and has remained a person with clean antecedent but then he has been implicated with general and omnibus allegation of assault. 7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but fairly submits that injury on head of the informant is opined to be simple in nature. 8. Considering the submissions made by the learned counsel for the petitioners, the petitioner no.1 and 2, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No.238/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. amit/- (Satyavrat Verma, J) U T