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Patna High CourtCR. MISC./16526/2025allowed

Lalan Ravidas v. The State Of Bihar

2025-05-14Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16526 of 2025 Arising Out of PS. Case No.-567 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Lalan Ravidas S/O Vasudev Ravidas R/O Village- Hadaul, P.S- Noorsarai, District- Nalanda.

2.

Sharda Devi W/O Lalan Ravidas R/O Village- Hadaul, P.S- Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-05-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Noorsarai P.S. Case No. 567 of 2024, registered for the offences punishable under Sections 127(1), 115(2), 117(2), 109, 74, 352, 3(5) and 351(2) of the BNS, 2023.

3. Allegedly while the informant was returning to his home, in the meanwhile, all the FIR named accused persons surrounded him and started abusing. On protest being made, the nephew of the petitioner (Rishi Kumar) came there and started assaulting the wife of the informant. When the informant tried to rescue her, the petitioner no. 1 assaulted him by means of lathi

Patna High Court CR. MISC. No.16526 of 2025(3) dt.14-05-2025 2/3 over his head, due to which he sustained injury. The petitioner no. 2 also assaulted the wife of the informant.

4. Learned Advocate for the petitioners contended that in fact both the parties are close agnates and there is a pending land dispute, which resulted into scuffle between the parties, leading to injuries to the persons of both the sides. A complaint case also came to be lodged against the informant and other family members by the petitioner no. 1. The injuries, which have been allegedly sustained to the wife of the informant are found to be simple in nature. Moreover,the informant has sustained one grievous injury, which is said to have been inflicted during the scuffle. The petitioners are persons of fair antecedent and they undertake that they will not indulge in such types of activities in future.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that because of the assault being made by the petitioners, grievous injury has sustained to the informant, as is evident from the impugned order.

6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, as also the relationship between the parties and the

Patna High Court CR. MISC. No.16526 of 2025(3) dt.14-05-2025 3/3 genesis of the occurrence, coupled with their fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 567 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further conditions (i) one of the bailors shall be the own/close family members of the petitioner (ii) in case the petitioners shall found indulge in such activities in future, the informant shall be at liberty to file an appropriate application for cancellation of their bail.

(Harish Kumar, J) shivank/- U T