Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35965 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== 1.
Rinku Devi Wife of Gandori Paswan 2.
Sanjeev Paswan son of Upendra Paswan 3.
Gandori Paswan @ Gandhori Paswan Son of Upendra paswan All are resident of Village-Nauranga, P.S-Chautham, District-Khagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Chautham P.S.Case No.371 of 2024 (GR No.3884/2024) registered for the offences punishable under Sections 190, 191(1), 126(2), 127(2), 115(2), 118(1), 109, 132, 131, 121(1), 121(2), 324(4), 324(5), 352, 352(2), 351(1) and 351(3) of BNS and Section 8(B) of N.H.Act, 1956.
3. As per the allegation made in the FIR, in compliance of order passed in Execution Case No.10 of 1986, the informant along with the other civil servants of the Block Head proceeded to give delivery of possession to the parties
Patna High Court CR. MISC. No.35965 of 2025(2) dt.25-06-2025 2/3 concerned, which raised to assaulting them with an intention to kill.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent. Altogether 50-60 persons have assaulted. The allegation against the petitioners, who are named in the FIR, is general and omnibus of assaulting the government officials, while they were performing public duty. Since there is no specific allegation against the petitioners, who have clean antecedent, they deserve to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Mr. Sushil Kumar Singh, Judicial Magistrate Ist Class, Khagaria/concerned court, in connection with Chautham P.S.Case No.371/2024 (G.R.No.3884/2024)
Patna High Court CR. MISC. No.35965 of 2025(2) dt.25-06-2025 3/3 subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T