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Patna High CourtCR. MISC./66556/2025allowed

Bhola Rajvansi v. The State Of Bihar

2025-09-17Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66556 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- PALIGANJ District- Patna ====================================================== 1.

Bhola Rajvansi, Son of Nathan Rajvanshi @ Nathun Rajvansi @ Hathan Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 2.

Gori Devi, Wife of Aditya Rajvanshi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 3.

Yashoda Devi, wife of Arvind Rajvanshi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 4.

Arvind Rajvansi, Son of Bhola Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 5.

Aditya Rajvansi, son of Bhola Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 6.

Suraj Rajvansi, son of Bhola Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 7.

Sarswati Devi, wife of Bhola Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna 8.

Jikha Devi, Wife of Suraj Rajvansi, Resident of village- Dariyapur, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Paliganj P.S. Case No. 104 of 2025 registered for the offences punishable under Sections 191(2), 190, 126, 115(2), 109, 324(4), 333, 352, 351(3) of the Bharatiya Nyaya

Patna High Court CR. MISC. No.66556 of 2025(2) dt.17-09-2025 2/3 Sanhita, 2023.

3. Allegedly the petitioners along with one another person barged into the house of the informant and started abusing. On protest being made, all of them brutally assaulted the informant and her husband as well as their son by means of Lathi, Danda and Iron rod, due to which they sustained serious injuries and taken to hospital for treatment.

4. Learned Advocate for the petitioners submitted that the present case is nothing, but a counter blast of Paliganj P.S. Case No. 97 of 2025 instituted by petitioner no.7. In the said occurrence, the persons of the petitioners' side also sustained serious injuries, however, only in order to mount pressure and wreak vengeance, the present F.I.R. came to be lodged with an omnibus nature of allegation. The delay in lodging of the F.I.R. clearly suggests due deliberation and false implication of the petitioners. Moreover, the petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that all the petitioners were actively participated in the crime, leading to injuries to the persons of the informant and others.

Patna High Court CR. MISC. No.66556 of 2025(2) dt.17-09-2025 3/3

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the factum of case and counter case and the delay in lodging of the F.I.R., as also the fair antecedent, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on 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 learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 104 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T