Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46078 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- BARAHAT District- Banka ====================================================== 1.

Rajesh Kumar, S/O Chandeshwari Bagwai, R/O Village- Chageri, P.SBarahat, Distt.- Banka. 2.

Kiran Kumari, W/O Rajesh Kumar, R/O Village- Chageri, P.S- Barahat, Distt.- Banka.

3.

Ritesh Kumar, S/O Chandeshwari Bagwai, R/O Village- Chageri, P.SBarahat, Distt.- Banka. 4.

Chandeshwari Bagwai, S/O Khushru Bagwai, R/O Village- Chageri, P.SBarahat, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Brij Nandan Prasad learned counsel for the petitioners and Mr. Md. Mushtaque Alam, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barahat P.S. Case No. 01 of 2025 instituted for the offence under Sections 126(2), 115(2), 74, 110, 303(2), 352, 351(2) and 3(5) of B.N.S.

3. The case of the prosecution in short is that petitioner no.2 was sweeping in front of her door due to which

Patna High Court CR. MISC. No.46078 of 2025(2) dt.05-08-2025 2/3 the dust was flying on the body of the informant Malti Devi. When the informant protested, then the petitioners started assaulting Malti Devi and her husband Raj Kumar. During course of the dispute, petitioner no.3 assaulted with fist on the nose of the informant and petitioner no.1 gave khanti blow on the leg of informant's husband.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It has further been submitted that there is also a counter version of this case. It has also been submitted that there is land dispute between the parties. Petitioners are having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners and has submitted that there is direct allegation against the petitioner no.1 of assaulting with Khanti. The Khanti blow admittedly was aimed at leg of the informant's husband.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a

Patna High Court CR. MISC. No.46078 of 2025(2) dt.05-08-2025 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Barahat P.S. Case No. 01 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Banka, subject to the conditions as laid down under section 482 (2) of the B.N.S.S.

(Ashok Kumar Pandey, J) lata/- U T