Ram Jatan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50816 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

Ram Jatan Prasad S/O Late Harilal Prasad R/O Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda.

2.

Ritik Kumar @ Ritik Raushan Kumar S/O Dhanjay Prasad R/O VillageAriyawa, P.S.- Nagarnausa, District- Nalanda. 3.

Dhanjay Prasad @ Dhananjay Kumar @ Dhananjay Prasad S/O Ramjatan Prasad R/O Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda. 4.

Utpalkant Prasad @ Utpalkant Kumar Singh S/O Ramjatan Prasad R/O Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda. 5.

Dipu Kumar S/O Dhanjay Prasad R/O Village- Ariyawa, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwa Bijay Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2025

1. The anticipatory bail applications of petitioner nos. 2, 3 and petitioner no. 4 have already been dismissed as withdrawn by order dated 01.08.2025 and 06.08.2025 respectively.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(3), 190, 109(1), 352 and 329(4) of the BNS read with Section 27 of

Patna High Court CR. MISC. No.50816 of 2025(4) dt.02-09-2025 2/3 the Arms Act.

4. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 5 is a person with clean antecedent and the informant alleges that petitioners along with 5-6 unknown accused on 13.02.2025 came and demolished his wall, on objection they fired, accordingly police was informed and five empty cartridges were recovered from the place of occurrence. It is next submitted that the firing was made by the accused persons who were carrying gun with an intention to kill the informant.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioner no. 1 is aged about 79 years and petitioner no. 5 is a student, who recently appeared in his Part-III examination of B.A. in 2025. It is further submitted that Nagarnausa P.S. Case No. 33 of 2025 has been instituted from the side of the petitioners against the side of the informant and others. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place in which both side assaulted each other.

Patna High Court CR. MISC. No.50816 of 2025(4) dt.02-09-2025 3/3

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nagarnausa P.S. Case No. 34 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

8. Accordingly, the instant anticipatory bail application is allowed.

(Satyavrat Verma, J) Rishabh/- U T