IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90223 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== 1. Md. Asif @ Mangan Son of Md. Tahir Resident of Village-Pyalapur English, PS- Ishipur Barahat, Distt.-Bhagalpur 2. Najrin Khatoon @ Lootan @ Najreen Khatun D/O- Md. Tahir Resident of Village-Pyalapur English, PS- Ishipur Barahat, Distt.-Bhagalpur 3. Nisharun Khatoon @ Bibi Nisharun Wife of Md. Tahir Resident of Village- Pyalapur English, PS- Ishipur Barahat, Distt.-Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Samir Kumar For the Opposite Party/s : Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 29-01-2025 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 Ishupur Barahat Police Station Case No. 156 of 2024, dated 10.09.2024, disclosing offences punishable under Sections 191(2)/191(3)/190/115(2)/117(2)/118(2)/109(2)/ 76/303(2)/352/351(3) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that on 10.09.2024, in the afternoon, the petitioenrs, along with other co-accused persons, blocked the passage Patna High Court CR. MISC. No.90223 of 2024(2) dt.29-01-2025 2/4 towards the house of the informant by palm leaves and when the informant’s brother Md. Shahbaz started removing the obstacles from the passage, then the accused persons, including the petitioners, assaulted the inormant’s brother by iron rod, knife, lahi, due to which he sustained injuries. When the villagers, Md. Mahboob alam, Md. Jainul alam, Bibi Gulshan and Md. Mumtaj Alam came to save, then all the accused persons also assaulted them, due to which they sustained injuries. Co- accused Md. Saheb assaulted Md. Shahbaz by means of knife, due to which he sustained injury on his arm. 4. Learned Counsel for the petitioners submits that both the parties are neighbours and there is a dispute regarding passage between them. The allegation against the petitioners is general and omnibus in nature and the specific allegation of assault upon Md. Shahbaz by means of knife is against co-accused Md. Saheb, who is not the petitioner before this Court. The injury sustained by the informant’s brother is simple in nature, as would be evident from Annexure-3 series. The injury caused to Md. Mahboob, though grievous in nature, is on his finger, which is not vital part of the body. A counter case has Patna High Court CR. MISC. No.90223 of 2024(2) dt.29-01-2025 3/4 been lodged by the side of the petitioners against the informant and others. He further submits that the petitioners have no criminal antecedent. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are neighbour having dispute regarding passage, case and counter case is there, the injury sustained by the informant’s brother is simple in nature and the injury sustained by Md. Mahboob, though grievous in nature, but not on the vital part of the body and the allegation against the petitioners is general and omnibus in nature, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Ishupur Barahat Police Station Case No. 156 of 2024, subject to the condition Patna High Court CR. MISC. No.90223 of 2024(2) dt.29-01-2025 4/4 laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √