Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50817 of 2025 Arising Out of PS. Case No.-248 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Rahul Kumar S/O Bharat Ray @ Bharat Mandal R/O Village-Gobind Bigha, PS-Lakhisarai, Distt-Lakhisarai 2.

Mohit Kumar S/O Bharat Ray @ Bharat Mandal R/O Village-Gobind Bigha, PS-Lakhisarai, Distt-Lakhisarai 3.

Rohit Kumar S/O Bharat Ray @ Bharat Mandal R/O Village-Gobind Bigha, PS-Lakhisarai, Distt-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Lakhisarai P.S. Case No. 248 of 2025, lodged on 27.05.2025, under Sections 126(2)/115(2)/303(2) /109 /352 / 351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against three named and 6-7 unknown accused persons. Allegation

Patna High Court CR. MISC. No.50817 of 2025(2) dt.11-08-2025 2/3 against the accused persons that they have assaulted the informant and snatched gold chain, wrist watch etc. as well as assaulted the persons of informant due to which head injury has been caused.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the content of the FIR, it becomes crystal clear that the dispute is relating to providing of D.J. on the marriage of informant's sister. Counsel submits that the informant and petitioner is resident of same village. They are well known to each other and on petty issue of D.J. the dispute arose between them. Counsel submits that due to hot discussion the scuffling took place between both the parties and case and counter case has been lodged. Counsel submits that injuries have been caused from both sides. Counsel submits that petitioners' side have received grievous injury and informant's side received simple injury.

5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that antecedent of the petitioners is clean and there is case and counter between the parties.

6. As such, in the present facts and circumstances of

Patna High Court CR. MISC. No.50817 of 2025(2) dt.11-08-2025 3/3 this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below 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 BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 248 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T