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2025 DAILYLAW 99518 (PAT)

Kailash Prasad v. The State of Bihar

CR. MISC./61729/2025 · 2025-09-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61729 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== 1. Kailash Prasad S/O Horilal Prasad R/O Village- Vishunpur, P.S- Rampur Hari, Distt.- Muzaffarpur. 2. Dharmendra Kumar S/O Kailash Prasad R/O Village- Vishunpur, P.S- Rampur Hari, Distt.- Muzaffarpur. 3. Rangila Devi W/O Dharmendra Kumar R/O Village- Vishunpur, P.S- Rampur Hari, Distt.- Muzaffarpur. 4. Ashok Prasad S/O Late Dahu Prasad R/O Village- Vishunpur, P.S- Rampur Hari, Distt.- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sagar Kumar , Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections191(2), 191(3), 126(2), 115(2), 74, 109, 303(2), 352, 351(2) (3) of the Bhartiya Nyaya Sanhita, 2023 . 3 . As per the prosecution case , informant namel y, Sarita Devi alleged that on 17.03.2025 at about 10 AM, when she along with others went to pluck tomatoes in the field, she saw that all the F.I.R. named accused persons including these petitioners were ploughing the field. Upon protest, accused Patna High Court CR. MISC. No.61729 of 2025(2) dt.09-09-2025 2/3 persons abused and assaulted informant and when family members of informant came to save , they were also assaulted by accused persons. 4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus. No specific allegation of any overt act is alleged against these petitioners. F.I.R. has been lodged after the inordinate delay of 10 days for which there is no plausible explanation . It is further submitted that the land dispute which was going on between the parties has amicably been settled and also a joint compromise petition under the signatures of both the parties has been filed in the learned Court below i. e ,. Annexure – 3 to the bail petition . Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition . 6 Considering the fact that matter has already been compromised between the parties, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 the learned Judicial Patna High Court CR. MISC. No.61729 of 2025(2) dt.09-09-2025 3/3 Magistrate 1st Class, Muzafffarpur (East ) in connection with Rampur Hari P.S. Case No. 66 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T