IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84251 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== 1. Rahul Kumar, S/o Kamlesh Prasad @ Kamlesh Ram, R/O Village- Nauru, P.S.- Parasbigha, Distt.- Jehanabad 2. Dhananjay Kumar, S/o Kamlesh Prasad @ Kamlesh Ram, R/O Village- Nauru, P.S.- Parasbigha, Distt.- Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dheeraj Kumar, Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 23-12-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Parasbigha (Parasbigha) P.S. Case No. 116 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109(1), 352, 191(2) and 190 of the Bharatiya Nyaya Sanhita. 3. It is alleged that while the Circle Officer of the Parasbigha were engaged in removing the encroachment in front of the shop of the informant, in the meanwhile, the petitioners alongwith eight other accused persons started abusing the Patna High Court CR. MISC. No.84251 of 2025(2) dt.23-12-2025 2/3 informant and assaulted him by means of bricks and stone and ransacked the shop and snatched the valuables. 4. Learned Advocate appearing on behalf of the petitioners taking this Court through the FIR contended that besides the omnibus nature of allegation, surprisingly no FIR has been instituted by any police officials or the Circle Officer who were engaged in removing the encroachment. If any protest was made, the FIR should have been instituted by the concerned officials. Moreover, taking note of the aforesaid facts, other co- accused persons who are facing identical accusation, have been allowed the privilege of anticipatory bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 64617 of 2025; the copy of the order has been placed on record as Annexure P/3. The petitioner bears fair antecedent and undertakes before this Court that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that the case of the petitioner is based on parity, let the petitioners above named be released on Patna High Court CR. MISC. No.84251 of 2025(2) dt.23-12-2025 3/3 bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha (Parasbigha) P.S. Case No. 116 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. supratim/- (Harish Kumar, J) U T