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2025 DAILYLAW 97170 (PAT)

Dharmavir Thakur @ Dharmvir Thakur v. The State of Bihar

CR. MISC./66846/2025 · 2025-09-23

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66846 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- Bypass District- Bhagalpur ====================================================== 1. Dharmavir Thakur @ Dharmvir Thakur S/O Umesh Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 2. Mithilesh Thakur @ Mithilesh Kumar Thakur S/O Umesh Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 3. Satendra Thakur @ Muso Thakur S/O Late Faku Thakur @ Late Facco Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 4. Kailesh Thakur @ Kailash Thakur S/O Late Faku Thakur @ Late Facco Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 5. Chhuto Thakur @ Mumari Thakur S/O Late Fako Thakur @ Late Facco Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 6. Usha Devi W/O Kailesh Thakur @ Kailash Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 7. Paaro Devi @ Paro Devi W/O Chhuto Thakur @ Mumari Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur 8. Kiran Devi W/O Satendra Thakur @ Muso Thakur R/O Vill.- Zamin Fulbariya, P.S.- Bypass, Dist.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 190, 117(2), 76, 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita. 3. As per F.I.R., on 09.06.2025 at about 4 PM, these Patna High Court CR. MISC. No.66846 of 2025(2) dt.23-09-2025 2/3 petitioners, armed with iron rod and stick assaulted informant and his family members due to which three persons sustained injuries. 4. Learned counsel appearing for the petitioners submits that specific accusation of assault is against petitioner nos. 1 & 3. So far rest of the petitioners are concerned, allegation against them is general and omnibus and there is no specific accusation of overt act against them. It is further submitted that due to petty dispute, altercation took place between the parties. Petitioners claim clean antecedent. 5. Learned counsel for the State opposed the bail application and submits that there is specific accusation of assault against petitioner nos. 1 & 3. 6. Considering the nature of accusation, prayer for anticipatory bail of petitioner nos. 1 & 3 is refused. 7. However, considering the nature of accusation and clean antecedent against rest of the petitioners, the anticipatory bail with regard to petitioner nos. 2, 4, 5, 6, 7, 8 is allowed and it is ordered that the above named petitioner nos. 2, 4, 5, 6, 7, 8 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with Patna High Court CR. MISC. No.66846 of 2025(2) dt.23-09-2025 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Bypass P. S. Case No. 86 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T