Rajeshwar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68508 of 2025 Arising Out of PS. Case No.-302 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== 1.
Rajeshwar Das S/O Late Jagdeo Das R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur 2.
Rita Devi W/O Rajeshwar Das R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur 3.
Nandu Kumar @ Nandan Kumar @ Nand Kumar S/O Rajeshwar Das R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur 4.
Mamta Devi W/O Nandu Kumar @ Nandan Kumar @ Nand Kumar R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur 5.
Ranjan Kumar S/O Rajeshwar Das R/O Vill.- Ratwara Hathu, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2026
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Paroo Police Station Case No. 302 of 2025, disclosing offences under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 351(3) and 3(5) of the BNS, 2023.
3. The prosecution case, in brief, is that on 08.06.2025 at about 10:00 PM, while the informant was away from home, the named accused persons allegedly entered his house armed with sticks and other weapons and assaulted his wife with an iron rod, causing serious head injuries. When his
Patna High Court CR. MISC. No.68508 of 2025(3) dt.26-02-2026 2/3 two daughters intervened, they were also assaulted, and one daughter's clothes were allegedly torn with intent to outrage her modesty. It is further alleged that gold ornaments and a briefcase containing jewellery and cash were forcibly taken away. The injured wife was initially taken to the Primary Health Centre, Paroo, and thereafter referred to SKMCH, Muzaffarpur for treatment. Upon returning home, the informant was also allegedly abused and assaulted. The FIR further refers to a prior incident dated 03.05.2025 in which one of the accused had allegedly assaulted the informant, though the matter was settled at that time.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to parking dispute. Both the parties are agnates. The FIR was lodged after four days of the alleged occurrence i.e., on 12.06.2025, by the informant, who was not present at the time of occurrence. It is further submitted that the allegations are general and omnibus in nature, with no specific overt act attributed to any accused. The allegation of tearing clothes and snatching gold ornaments are alleged to have been exaggerated to make the case serious. Additionally, although the injured persons were treated at Government Hospitals, no statements
Patna High Court CR. MISC. No.68508 of 2025(3) dt.26-02-2026 3/3 were recorded there, and the medical report indicates that the injuries are simple in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, the dispute is related to parking, petitioners are having no criminal antecedents and injuries are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Court No. IX, Muzaffarpur (West), in connection with Paroo Police Station Case No. 302 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T