Prem Kumar @ Prem Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42954 of 2026 Arising Out of PS. Case No.-157 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== 1.
Prem Kumar @ Prem Das S/o Boku Das @ Bauku Das R/o Vill. - Bariyahi Basti, Ward no. 5, P.S. - Bangaon, Dist. - Saharsa. 2.
Baiku Das @ Boku Das @ Bauku Das S/o Late Bilat Das @ Late Vilat Das R/o Vill. - Bariyahi Basti, Ward no. 5, P.S. - Bangaon, Dist. - Saharsa. 3.
Naresh Das @ Naresh Tanti S/o Boku Das @ Bauku Das R/o Vill. - Bariyahi Basti, Ward no. 5, P.S. - Bangaon, Dist. - Saharsa. 4.
Ram Pravesh Kumar @ Ram Pravesh Das S/o Boku Das @ Bauku Das R/o Vill. - Bariyahi Basti, Ward no. 5, P.S. - Bangaon, Dist. - Saharsa. ... ... Petitioner/s
Versus
The State of Bihar.
.. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinkar Kumar, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 14-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. Typed copy of FIR has been filed today, let the same be kept on record.
2. The petitioners are apprehending their arrest in connection with Bangaon P.S. Case No. 157 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 308(3), 76, 118(1), 109(1), 117(2), 303(2) and 351(3) of the BNS.
3. The allegation in the FIR is that at about 10:00 a.m., all the eight accused persons, armed with lathis and dandas, came to the house of the informant, Nirmala Devi, and assaulted the members of the informant's side. It is alleged that, during the occurrence, several persons sustained injuries, some
Patna High Court CR. MISC. No. 42954 of 2026(2) dt.14-07-2026 2/3 of them on vital parts of their bodies. The injury report shows that Maheshwari Yadav, who has been assaulted by Prem Das and Baiku Das @ Boku Das has received grievous injury and further Ajay Kumar who has been assaulted by Prem Das also sustained grievous injury. As far as petitioners Naresh Das and Ram Pravesh Kumar are concerned, although they are alleged to have participated in the occurrence, the injuries attributed by them are simple in nature.
4. Learned counsel for the petitioners submits that there is a long-standing dispute between the parties and the occurrence took place on account of the said dispute. It is further submitted that there is a case and counter-case arising out of the same occurrence and that members of both sides sustained injuries. According to the petitioners, the present FIR is an exaggerated version of the incident.
5. Learned APP vehemently opposed the prayer of bail. He further submits that the injuries sustained by Maheshwari Yadav and Ajay Kumar @ Ajay Yadav are grievous in nature.
6. Having considered the rival submissions and the materials available on record, this Court finds that, so far as petitioner Nos. 1 and 2, namely, Prem Das and Baiku Das @
Patna High Court CR. MISC. No. 42954 of 2026(2) dt.14-07-2026 3/3 Boku Das, are concerned, there are specific allegations against them of having inflicted grievous injuries on the vital parts of the bodies of the injured persons. Accordingly, prayer for anticipatory bail of petitioner Nos. 1 and 2 is rejected.
7. However, so far as petitioner Nos. 3 and 4, namely, Naresh Das and Ram Pravesh Kumar, are concerned, although they are alleged to have participated in the occurrence, the injuries attributed to them are simple in nature. Considering the nature of the allegations against them this Court is inclined to grant anticipatory bail to petitioner Nos. 3 and 4, accordingly, petitioner Nos. 3 and 4, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on anticipatory bail furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned concerned Court, where the case is pending in connection with Bangaon with P.S. Case No. 157 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.
(Ranjan Kumar Jha, J) rishabh/- U T