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2026 DAILYLAW 8367 (PAT)

Lalmohit Mochi v. The State of Bihar

CR. MISC./19641/2026 · 2026-04-07

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19641 of 2026 Arising Out of PS. Case No.-875 Year-2025 Thana- MASAUDHI District- Patna ====================================================== 1. Lalmohit Mochi S/o- Late Sohrai Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna 2. Ganesh Kumar @ Ganesh Mochi S/o- Ramasray Das @ Ramashray Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna 3. Kamlesh Mochi S/o- Lalmuni Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna 4. Ramasray Das @ Ramashray Mochi S/o- Lalmohit Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna 5. Vijay Mochi S/o- Shravan Mochi R/v- Berrabigah Berra Ps- Masaurhi Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ramadhar Shekhar, Advocate For the State : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 118(1), 109(1), 352 and 351(2) of the B.N.S.. 3. As per prosecution case, on 06.11.2025 at about 7 PM, when the informant was returning home after attending the call of nature, in the meantime, all these accused petitioners Patna High Court CR. MISC. No.19641 of 2026(2) dt.07-04-2026 2/3 abused him and assaulted him with sticks and iron rods. It is further alleged that when cousin brothers and father of informant came to save him, they were also assaulted. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are Gotiya and due to long standing land dispute, simple maar-peet took place between the parties in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and case and counter-case between the parties, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.19641 of 2026(2) dt.07-04-2026 3/3 amount each to the satisfaction of learned S.D.J.M., Masaurhi, District- Patna in connection with Masaurhi P.S. Case No. 875 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T