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Patna High CourtCR. MISC./31257/2026bail granted

Ravindra Mistry v. The State Of Bihar

2026-05-07Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31257 of 2026 Arising Out of PS. Case No.-49 Year-2024 Thana- ALIPUR District- Gaya ====================================================== 1.

Ravindra Mistry Son of Late Narsing Mistry Resident of Village- Rupaspur Math, P.S.- Alipur, District- Gaya 2.

Raj Kumar Son of Ravindra Mistry Resident of Village- Rupaspur Math, P.S.- Alipur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.

2. The petitioners are apprehending arrest in connection with Alipur P.S. Case No. 49 of 2024 instituted under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code lodged on 04.04.2024 by the informant, Sarita Devi.

3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons firstly abused and then assaulted. The omnibus allegation against all the accused persons of assault and then specific allegation is against Raj Kumar that assaulted Pawan on the head, as tried to escape, his left hand was fractured. This led to the FIR.

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4. Learned counsel for the petitioners submit that perusal of the FIR would show that there is omnibus allegation against all the accused persons and further so far as the assault made by Raj Kumar is concerned, it is simple.

5. Learned APP opposes the prayer submitting that the learned Sessions Judge order shows that fracture has been reported so far as Pawan's injury is concerned.

6. Considering the submissions of the parties, so far as the petitioner no.2 is concerned, in view of the allegation that has come against him, the anticipatory bail application stands rejected.

7. So far as petitioner no. 1, Ravindra Mistry is concerned, omnibus allegation is there, is an aged person having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

8. Let the petitioner, Ravindra Mistry be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Alipur P.S. Case No. 49 of 2024 to the satisfaction of learned A.C.J.M.-6, Gaya subject to the

3/4 conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner, Ravindra Mistry who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) The petitioner, Ravindra Mistry shall be appearing before the police station as and when required for cooperating in the investigation;

(iii) the petitioner, Ravindra Mistry shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iv) the petitioner, Ravindra Mistry shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;

(v) the petitioner, Ravindra Mistry shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps

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(vi) the petitioner, Ravindra Mistry shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T