IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7843 of 2026 Arising Out of PS. Case No.-175 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== 1. Vinay Raut @ Vinay Kumar S/O Arjun Raut Resident of village- Mishrain tola, P.S.- Paharpur, Dist.- East Champaran. 2. Anjali Devi W/O Vinay Raut @ Vinay Kumar Resident of village- Mishrain tola, P.S.- Paharpur, Dist.- East Champaran. 3. Gulshan Kumar S/O Arjun Raut Resident of village- Mishrain tola, P.S.- Paharpur, Dist.- East Champaran. 4. Gita Devi W/O Bhim Raut Resident of village- Mishrain tola, P.S.- Paharpur, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend arrest in connection with Paharpur P.S. Case No. 175 of 2025, registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(1), 109(1), 329(4), 303(2), 352 and 74 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that co-accused person ordered to kill the informant due to which the petitioners along with other co-accused persons assaulted by means of gadasa and tore the clothes of the informant due to which she sustained head injury. Patna High Court CR. MISC. No.7843 of 2026(2) dt.04-02-2026 2/3 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submitted that both the parties are agnates bickering over land dispute. It is next submitted that petitioner no. 1 has dragged the informant, petitioner no. 3 has assaulted her by means of lathi and petitioner no. 4 has also assaulted her by means of leg and fat due to which she sustained injuries. No specific allegation of assault has been attributed against petitioner nos. 1 and 2. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submitted that other co-accused have been granted regular bail by this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 66462 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that specific allegation of assault have been attributed against petitioner nos. 3 and 4 due to which the informant has sustained injuries and the same are grievous in nature. Hence, petitioner nos. 3 and 4 do not deserve the privilege of anticipatory bail. 6. Having considered the rival submissions made on behalf of the parties, taking into account the specific allegation against petitioner nos. 3 and 4, this Court is not inclined to grant Patna High Court CR. MISC. No.7843 of 2026(2) dt.04-02-2026 3/3 anticipatory bail to petitioner nos. 3 and 4. So far as remaining petitioners, i.e. petitioner nos. 1 and 2 are concerned, this Court is inclined to grant anticipatory bail to petitioner nos. 1 and 2. 7. Accordingly, the prayer for grant of anticipatory bail to petitioner nos. 3, namely, Gulshan Kumar and petitioner no. 4, namely, Gita Devi is hereby, rejected. However, petitioner nos. 3 and 4 are directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without prejudiced by this order. 8. So far as petitioner nos. 1 and 2 are concerned, let petitioners (i.e. petitioner nos. 1 and 2), above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paharpur P.S. Case No. 175 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T