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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85345 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- PATEPUR District- Vaishali ======================================================
1. Phuleshwar Rai S/O Ram Bilash Rai R/O Vill- Bardiha Turki, P.S.- Patepur, District- Vaishali
2. Mahesh Rai S/O Ram Shobhit Rai R/O Vill- Bardiha Turki, P.S.- Patepur, District- Vaishali
3. Naresh Rai S/O Ram Shobhit Rai R/O Vill- Bardiha Turki, P.S.- Patepur, District- Vaishali
4. Nageshwar Rai S/O Ram Lakhan Rai R/O Vill- Bardiha Turki, P.S.- Patepur, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-02-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 191(2), 190, 127(2), 115(2), 109, 329(3), 352 and 351(2) of the Bharatiya Nyaya Sanhita. 3. As per the prosecution case, informant namely, Mahdendra Ray alleged that on 10.06.2025 at about 01:00 PM, all the 13 F.I.R. named accused persons, including these petitioners, armed with lathi, danda , farsa and iron rod, abused
Patna High Court CR. MISC. No.85345 of 2025(2) dt.09-02-2026 2/3 and assaulted informant due to which he sustained injury. 4. Learned counsel for petitioners contended that both the parties are co-villagers and land dispute is going on since long between the parties. Allegation of assault against these petitioners is general and omnibus. As per F.I.R. 13 named accused persons assaulted informant but as per injury report, informant sustained only one injury which itself falsifies the entire prosecution. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 13.10.2025 passed in Cr. Misc. No. 71504 of 2025. 5. Learned counsel for the State opposed the bail petition. 6.
Considering the nature of accusation and other circumstances of the case, this anticipatory bail is allowed and it is ordered that 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 206 of 2025, subject to the conditions laid down under section 482 (2) of the
Patna High Court CR. MISC. No.85345 of 2025(2) dt.09-02-2026 3/3 Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Navya/- (Prabhat Kumar Singh, J) U T