Roshan Kumar @ Roushan Kumar v. The State of Bihar
CR. MISC./7823/2026 · 2026-02-20
Prabhat Kumar Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9899 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9899 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7823 of 2026 Arising Out of PS. Case No.-166 Year-2025 Thana- CHAORI District- Bhojpur ======================================================
1. Roshan Kumar @ Roushan Kumar S/O Prithvi Sahi @ Prithvi Sah R/O Kolo Dihari, P.S- Chouri, Dist.- Bhojpur.
2. Asha Devi W/O Prithvi Sahu @ Prithvi Sahi R/O Kolo Dihari, P.S- Chouri, Dist.- Bhojpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Ajit Kumar Singh, Advocate For the State : Mr. Arun Kumar Pandey, APP For the Informant : Mr. Akash Kumar Mishra, Advocate Mr. Abhay Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 20-02-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 118(1), 74, 352, 351(2), 303(2) and 3(5) of the B.N.S.. 3. The prosecution case, in brief, is that on 18.10.2025 at about 3:30 PM, grand-daughter of informant had gone to purchase some items from the shop of Petitioner No. 1, in the meantime, all the F.I.R. named accused persons, incuding these
Patna High Court CR. MISC. No.7823 of 2026(2) dt.20-02-2026 2/3 petitioners, armed with lathi and iron rod, abused and assaulted grand-daughter of informant. It is further alleged that when informant and his family members reached at the place of occurrence, they were also assaulted by all the named accused persons, including these petitioners. The accused persons also snatched gold ornaments from the informant and others. 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 co-villagers and due to petty dispute, maar-peet took place between the parties in which both sides sustained injuries. There is case and counter-case. The present case is counter-blast of Chouri P.S. Case No. 165 of 2025 which was lodged by the petitioners’ side against informant and others. Moreover, allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave. Petitioners claim clean antecedents. 5. 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 petitioners. 6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.7823 of 2026(2) dt.20-02-2026 3/3 case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, 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 amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Ara at Bhojpur in connection with Chouri P.S. Case No. 166 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