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2026 DAILYLAW 39105 (PAT)

Rambabu Singh v. The State of Bihar

CR. MISC./69708/2025 · 2026-01-21

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69708 of 2025 Arising Out of PS. Case No.-1361 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1. Rambabu Singh S/O Chhathu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali 2. Amarjit Kumar @ Amar Jeet Kumar Singh S/O Chhathu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali 3. Rohit Kumar S/O Subodh Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali 4. Mohit Kumar S/O Subodh Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali 5. Raja Kumar S/O Rambabu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali 6. Raj Kishor Kumar @ Raj Kishor S/O Rambabu Singh R/O Vill.- Rusulpur Osti, P.S.- Mahua, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners apprehend their arrest in a case registered under Sections 191 (2), 351, 352, 126 (2), 329 (3), 331, 324 (4), 115 (2), 118 (1), 109, 74, 76 and 303 (2) of B.N.S. 3. As per the prosecution case, accused persons being ten in number entered the house of the informant and indulged in assaulting the informant and others. Patna High Court CR. MISC. No.69708 of 2025(4) dt.21-01-2026 2/3 4. Learned counsel for the petitioners submits that it would be apparent from the first information report itself that the specific allegation of assaulting the sister-in-law of the informant is upon Nivod Kumar while the allegation of inflicting injury on Rupesh Kumar is both upon Nivod Kumar and Subodh Kumar. It is further submitted that so far as the present petitioners are concerned there are only general and omnibus allegations against them in the first information report. As a matter of fact, there is a case and counter case and the counter case has been brought on record by way of Annexure- P/2 and injuries have been suffered on both the sides. Learned counsel for the petitioner further submits that the entire dispute has taken place on account of dispute with regard to partition of property and a partition suit is also pending between the parties. 5. The application for anticipatory bail is opposed by learned A. P.P. for the State on the ground that there are criminal antecedents for which it has been responded that the petitioners are on bail in all the cases and it has been responded that all the cases have been filed by the co-sharer of the property. 6. Taking into consideration the facts and circumstances and also considering the fact that there are general and omnibus nature of allegation against the petitioners, Patna High Court CR. MISC. No.69708 of 2025(4) dt.21-01-2026 3/3 coupled with the existence of case and counter case arising out of partition dispute, let the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahua P.S. Case No. 1361 of 2024 on 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 Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023,further subject to the following condition(s): (i) One of the bailors would be close relative/family members of the petitioners. (ii) The petitioners will cooperate in the investigation and trial and in case of any act of non-cooperation, the prosecution would be at liberty to move an application for cancellation of bail bonds of the petitioners. vashudha/- (Soni Shrivastava, J) U T