Prayaglal Ishar @ Prayag Ishar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25628 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Prayaglal Ishar @ Prayag Ishar S/O Late Telangi Ishar R/o - Mainahi, P.S - Andhramath, District - Madhubani 2.

Ayodhi Ishar S/O Late Telangi Ishar R/o - Mainahi, P.S - Andhramath, District - Madhubani 3.

Indradev Ishar S/O Ayodhi Ishar R/o - Mainahi, P.S - Andhramath, District - Madhubani 4.

Veerendra Kumar Ishar @ Birendra Kumar Ishar S/O Brahmdev Ishar R/o - Mainahi, P.S - Andhramath, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar. Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Andhramath PS case no. 37 of 2024 dated 07.03.2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 05.03.2024, petitioners along with other accused persons who are neighbours of the informant, arrived at about 4 pm and removed the demarcation put by the informant on

Patna High Court CR. MISC. No.25628 of 2025(2) dt.07-05-2025 2/3 his land and when the informant side protested, petitioner no. 1 assaulted the cousin brother of the informant with iron rod. There is no specific allegation against petitioner no. 2, however petitioner no. 3 snatched the golden chain from the informant's neck and petitioner no. 4 caught hold the brother of the informant.

4.

Learned Counsel for the petitioners submits that both parties are neighbours and there is land dispute between them, which would be evident from F.I.R. itself. Learned counsel further submits that a counter case has been lodged by the side of the petitioners against the informant bearing Andhramath PS case no. 41 of 2024, which is annexed as Annexure P/2 to this petition. He also submits that the side of the petitioners have also sustained injuries. The injury caused to the informant is simple in nature and injury caused to other victim has not been brought on record.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties have land dispute, case and counter case is there and injury sustained by he informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

Patna High Court CR. MISC. No.25628 of 2025(2) dt.07-05-2025 3/3 6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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 S.D.J.M., Jhanjharpur in connection with Andhramath PS case no. 37 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T