IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73690 of 2025 Arising Out of PS. Case No.-268 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== Dharamnath Singh @ Dharmanath Singh S/o Late Gorakh Singh @ Late Gorakhnath Singh Resident of Village - Pulwariya, P.S - Kuchaykot, District - Gopalganj, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Rahul Kumar Dubey, Advocate For the State : Mr. Ramesh Chandra, APP For the Informant : Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 13-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 302, 307, 448, 354B, 504 and 506 of the Indian Penal Code. 3. As per prosecution case, informant alleged that all the F.I.R. named accused persons, including this petitioner, came and assaulted his bhabhi, nephew and niece as his bhabhi objected the threat of accused persons of withdrawing the case earlier instituted against them. It is further alleged that during Patna High Court CR. MISC. No.73690 of 2025(3) dt.13-01-2026 2/4 course of treatment, bhabhi of informant died. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Though petitioner is named in the F.I.R. but police, after threadbare investigation, came to a considered conclusion that the petitioner is innocent and thus, submitted Final Form No. 108 of 2022 dated 05.07.2022 exonerating the petitioner of the allegations, but the learned Magistrate, differing with the Police report, took cognizance of the offences by order dated 07.11.2022. It is submitted that the order of cognizance was challenged in Cr. Revision No. 1545 of 2022 in the Court of learned Additional Sessions Judge-III, Gopalganj and the learned Additional Sessions Judge-III, Gopalganj, after hearing the learned counsel for the parties, set aside the order of cognizance by order dated 09.01.2023. It is next submitted that thereafter, trial commenced and in the Session Trial No. 753 of 2023, the petitioner was summoned to face trial by order dated 23.11.2024 and thus, he apprehends his arrest. It is further submitted that co-accused Rintu Shukla and Nitesh Rai, having similar and identical allegations, have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 25.09.2025 passed in Cr. Misc. Patna High Court CR. MISC. No.73690 of 2025(3) dt.13-01-2026 3/4 No. 64330 of 2025. Moreover, allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. 5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, assaulted bhabhi, nephew and niece of the informant due to which bhabhi of informant died during course of treatment. Petitioner has got three criminal antecedents. It is further submitted that prayer for grant of anticipatory bail of one of the similarly situated co- accused person, namely Shubhnath Rai, has already been rejected by a Co-ordinate Bench of this Hon’ble Court vide order dated 15.09.2025 passed in Cr. Misc. No. 61571 of 2025. 6. However, from perusal of the records it is apparent that the order dated 15.09.2025 passed in Cr. Misc. No. 61571 of 2025 has already been considered by the Co-ordinate Bench of this Hon’ble Court while allowing the prayer for grant of anticipatory bail to co-accused Rintu Shukla and Nitesh Rai vide order dated 25.09.2025 passed in Cr. Misc. No. 64330 of 2025. 7. Considering the facts and circumstances of the Patna High Court CR. MISC. No.73690 of 2025(3) dt.13-01-2026 4/4 case, general and omnibus nature of accusation and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed. 8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-III, Gopalganj in connection with Gopalpur P.S. Case No. 268 of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T