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2025 DAILYLAW 94780 (PAT)

RAM PRASAD SAH v. The State of Bihar

CR. MISC./64324/2025 · 2025-09-16

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64324 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- BHIMPUR District- Supaul ====================================================== 1. RAM PRASAD SAH S/o Late Budhan Sah @ Buchhu Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 2. Ganga Prasad Sah @ Ganga Sah S/o Late Budhan Sah @ Buchhu Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 3. Hari Lal Sah @ Heera Lal Sah S/o Late Budhan Sah @ Buchhu Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 4. Arjun Kumar Sah @ Arjun Sah S/o Ram Prasad Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 5. Manoj Sah @ Manoj Kumar Sah S/o Raghunandan Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 6. Abhinandan Kumar Sah @ Abhinandan Sah S/o Hari Lal Sah @ Heera Lal Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul 7. Sanjit Kumar Sah @ Sandip Sah S/o Hari Lal Sah @ Heera Lal Sah R/o vill - Chainpur, P.s.- Bhimpur, Distt.- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Nawal Kishore Singh , Advocate For the State : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 16-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 126(2), 115(2), 118(2), 117(2), 109(1), 76, 303(2), 352 and 351(2) of the B.N.S.. 3. As per prosecution case, on the alleged date and Patna High Court CR. MISC. No.64324 of 2025(2) dt.16-09-2025 2/3 time of occurrence, all the F.I.R. named accused persons, including these petitioners, fenced the land of informant and on objection, all of them assaulted informant and her husband and also snatched gold earring and nose-pin of informant. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on the alleged date and time of occurrence, sudden quarrel arose between the parties on account of dispute regarding possession of a piece of land which led to free fight in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the Patna High Court CR. MISC. No.64324 of 2025(2) dt.16-09-2025 3/3 petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhimpur P.S. Case No. 44 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T