Ram Shobhit Chaupal @ Ram Shobhit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32398 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- BISFI District- Madhubani ====================================================== 1.
Ram Shobhit Chaupal @ Ram Shobhit Kumar S/o Late Ram Kumar Chaupal R/o - Tirhuta, P.S - Babubarhi, District - Madhubani 2.
Ram Sakal Chaupal @ Ram Sakal Mandal S/o Dham Nath Mandal R/o - Tirhuta, P.S - Babubarhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Bisfi P.S. Case No. 173 of 2024, lodged on 29.08.2024, under Sections 126(2)/115(2)/118/89 /303(2) /74 / 352/351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against two named accused persons (the present petitioners) with allegation that on 22.08.2024 hot discussion took place with the
Patna High Court CR. MISC. No.32398 of 2025(3) dt.13-08-2025 2/3 Debar and Debrani of the informant, on the basis of which Debrani called his brothers who entered into the house of the informant and started destroying the articles. Petitioner No.1 is the order giver and petitioner No.2 is the complyer. Allegation against petitioner No.2 that he has assaulted with iron rod on the head due to which injury has been caused on the head. Allegation of assaulting to the pregnant woman is also there in the FIR.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the allegation made in the FIR it transpires that informant and the accused are the relatives. He submits that from the content of the FIR it becomes crystal clear that occurrence took place on 22.08.2024, but FIR has been lodged on 29.08.2024. Counsel submits that antecedent of the petitioners are clean and under jealous, the present case has been filed.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.32398 of 2025(3) dt.13-08-2025 3/3 learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Chief Judicial Magistrate-I, Madhubani, in connection with Bisfi P.S. Case No. 173 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T