Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39630 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- MANER District- Patna ====================================================== 1.
Bhola Kumar S/o Yogendra Rai Resident of Vill.-Bhagu Tola Beyapur, P.S.- Maner, Distt.- Patna 2.
Police Rai S/o Late Kishori Rai Resident of Vill.-Bhagu Tola Beyapur, P.S.- Maner, Distt.- Patna 3.
Yogendra Prasad @ Yogendra Ray S/o Late Supan Ray Resident of Vill.- Bhagu Tola Beyapur, P.S.- Maner, Distt.- Patna 4.
Ranjit Kumar S/o Late Supan Ray Resident of Vill.-Bhagu Tola Beyapur, P.S.- Maner, Distt.- Patna 5.
Mukhdeo Singh @ Sukhdeo Singh S/o Late Rajballabh Rai Resident of Vill.-Bhagu Tola Beyapur, P.S.- Maner, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard Learned counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Maner P.S. Case No. 99 of 2025 lodged on 09.02.2025, for the offence punishable under Sections 191(2), 126(2), 115(2), 109, 74, 303(2), 329(3), 324(2) & 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 15 named accused persons including the present petitioners. It has been alleged in the FIR that all accused persons with lathi,
Patna High Court CR. MISC. No.39630 of 2025(2) dt.25-06-2025 2/3 danda, iron rod entered in the house of informant and started abusing female members and upon oppose, they assaulted the informant and there is specific allegation against accused Arjun Kumar that he has assaulted the informant on his head by iron rod due to which injury has been caused and accused persons also looted Rs.20,000/- from the informant's house.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the FIR, it become crystal clear that due to dispute between children, scuffling took place from both the sides. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioners' side bearing Maner P.S. Case No. 98 of 2025 and the present case has been lodged from the informant's side bearing Maner P.S. Case No. 99 of 2025. Counsel submits that injuries have been caused to both the sides and none of the parties are criminals, rather, on a petty dispute due to children, scuffling took place from both the sides. Counsel further submits that the petitioner nos.3, 4 and 5 have no criminal antecedent, but petitioner nos.1 and 2 have one criminal antecedent each. Counsel also submits that petitioner nos.2, 3 and 5 are old aged person having age of 68 years, 55
Patna High Court CR. MISC. No.39630 of 2025(2) dt.25-06-2025 3/3 years and 70 years respectively.
5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that for the same date and place of occurrence, there is a case and counter case between the parties which is annexed as Annexures-P/1 and P/2.
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 Trial Court 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 Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of A.C.J.M., Danapur, Patna, in connection with Maner P.S. Case No. 99 of 2025, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Divyansh/- U T