Arvind Das @ Arvin Das @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52891 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1.

Arvind Das @ Arvin Das @ Arvind Kumar S/o Late Fuleshwar Das R/o villAmaha Tola Tetrahi, ward no. 2, P.S.- Pipara, Distt.- Supaul 2.

Arjun Das S/o Late Fuleshwar Das R/o vill- Amaha Tola Tetrahi, ward no. 2, P.S.- Pipara, Distt.- Supaul 3.

Arun Das S/o Late Fuleshwar Das R/o vill- Amaha Tola Tetrahi, ward no. 2, P.S.- Pipara, Distt.- Supaul 4.

Santosh Das S/o Gulay Das R/o vill- Amaha Tola Tetrahi, ward no. 2, P.S.- Pipara, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2025 Heard Mr. Naresh Kumar Mehta, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks to withdraw the bail petition for petitioner nos.1, 2 and 3 as they have been arrested.

3. Permission is accorded.

4. The petitioner no.4 apprehend his arrest in connection with Pipara P.S. Case No. 52 of 2025 registered under Sections 191(2), 126(2), 115(2), 118(2), 109, 74, 303(2),

Patna High Court CR. MISC. No.52891 of 2025(2) dt.12-08-2025 2/3 352, 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

5. As per the allegation made in the FIR, the petitioners, with a common intention to kill, assaulted the informant and her family members.

6. Learned counsel appearing on behalf of the petitioner no.4 submitted that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties both arising out of the same incidence and the reason behind that is land dispute. There is no specific allegation against the petitioner no.4 that he is the one who had assaulted the informant and her family members rather a general and omnibus allegation has been leveled against the petitioner no.4. On these grounds the petitioner no.4 seeks to released on pre-arrest bail.

7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

8. Considering the rival submissions made on behalf of the parties, as well as, the fact that there is no specific allegation against the petitioner no.4 that he is the one who had assaulted the informant and her family members rather a general and omnibus allegation has been leveled against the petitioner no.4, I am of the opinion that the petitioner no.4 has prima facie

Patna High Court CR. MISC. No.52891 of 2025(2) dt.12-08-2025 3/3 made out a case to be released on anticipatory bail,

9. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his 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) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate - Ist Class, Civil Court, Supaul in connection with Pipara P.S. Case No. 52 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.

10. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T