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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36537 of 2026 Arising Out of PS. Case No.-62 Year-2026 Thana- BARARI District- Katihar ======================================================
1. Chunnu Lohra Son of Late Dhanilal Lohra Resident of Village -Maharani PS- Barari, Dist- katihar
2. Santosh Lohra Son of Chunnu Lohra Resident of Village -Maharani PS- Barari, Dist- katihar
3. Vishal Lohra Son of Chunnu Lohra Resident of Village -Maharani PS- Barari, Dist- katihar
4. Manoj Kumar Lohra son of late Dhanilal Lohra Resident of Village -Maharani PS- Barari, Dist- katihar
5. Sonelal Lohra @ Sonu Kumr Lohra Son of Late Dhanilal Lohra @ Late Dhaniram Lohra Resident of Village -Maharani PS- Barari, Dist- katihar
6. Mahendra Sah son of Late Feku Sah Resident of Village -Maharani PS- Barari, Dist- katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bal Krishna Mishra For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 16-06-2026 Heard the parties. 2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Barari P.S. Case No. 62 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 351(2), 352 and 3(5) of the BNS. 3. As per FIR, 16 named co-accused persons including petitioners alleged to assault informant by using lathi, iron rod etc., causing head and bodily injuries, where allegation of firing is also available against petitioner no. 3 namely Vishal Lohra,
Patna High Court CR. MISC. No.36537 of 2026(3) dt.16-06-2026 2/3 alleged occurrence took place due to land dispute. 4. It is submitted by learned counsel appearing on behalf of the petitioners that upon facial perusal of FIR, it can be safely gathered that allegation of physical assault is very much general and omnibus against petitioner no(s). 4, 5 and 6. It is alleged that petitioner no. 2 assaulted informant using iron rod and petitioner no. 3 open fired, which could not hit him, rather it hit unknown person, who was from the group of petitioner no. 3. Explaining further, it is submitted that in actual during occurrence firing was opened by informant side, which hit son of petitioner no.
1 which was fired by Bibhash Kumar Saha and just to save Bibhash Kumar the present false case was lodged, whereas petitioner side already lodged a case prior to this occurrence with aforesaid allegation, which has been registered as Barari P.S. Case No. 61 of 2026 on the same very day. Explaining further, it is submitted that injury upon informant as alleged to be caused by petitioner no. 2 upon medical examination found simple in nature. While concluding argument, it is submitted that above named petitioners are men of clean antecedents. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as nature of injuries found simple and
Patna High Court CR. MISC. No.36537 of 2026(3) dt.16-06-2026 3/3 allegation of firing prima-facie appears disputed in terms of Barari P.S. Case No. 61 of 2026, accordingly all above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar/concerned Court, where the case is pending in connection with Barari P.S. Case No. 62 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS. S.Tripathi/- (Chandra Shekhar Jha, J.) U T