Bihari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57408 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Bihari Ram Son Of Late Dip Ram Village-Belwanwa Police SttaionYogapatti Ditrict-West Champaran 2.

Prabhu Ram Son Of Bihari Ram Village-Belwanwa Police Sttaion-Yogapatti Ditrict-West Champaran 3.

Chota Ram @ Chotelal Ram @ Chhotelal Ram Son Of Bihari Ram VillageBelwanwa Police Sttaion-Yogapatti Ditrict-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 75, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 04.01.2025 at about 7 PM, on account of dispute between children, all the F.I.R. named accused persons, including these petitioners, armed with various weapons, abused and assaulted informant and her family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.57408 of 2025(2) dt.02-09-2025 2/2 Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. Injuries sustained by the injured are simple in nature. F.I.R. has been lodged after inordinate delay of four days which itself raises doubt over veracity of the prosecution case. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, simple injuries, delay in lodging the F.I.R. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P. S. Case No. 10 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T