Raj Ballabh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69836 of 2025 Arising Out of PS. Case No.-776 Year-2024 Thana- FATUA District- Patna ====================================================== 1.
Raj Ballabh Das S/o Sumangal Das R/o Village - Gauri Pundaha, P.S - Fatuha, District - Patna 2.
Mina Devi W/o Raj Ballabh Das R/o Village - Gauri Pundaha, P.S - Fatuha, District - Patna 3.
Shlok @ Ashlok Ravidas @ Shlok S/o Late Jitan Das R/o Village - Gauri Pundaha, P.S - Fatuha, District - Patna 4.
Vipin Kumar S/o Shlok Das @ Ashlok Ravidas @ Shlok R/o Village - Gauri Pundaha, P.S - Fatuha, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Anjana, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 2 is a woman and the informant alleges that on 21.11.2024 at 06:00 PM while her son was coming back home when he was intercepted by the accused persons including the petitioners and was brutally assaulted, accordingly, on receiving information,
Patna High Court CR. MISC. No.69836 of 2025(2) dt.01-11-2025 2/3 the informant along with her husband reached the place of occurrence and saw their son in an injured condition with injury on back of the head caused by some heavy object, further the accused also abused and assaulted them and fled when her son became unconscious.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant is not an eye witness to the occurrence. It is also submitted that informant in the FIR alleges that the cause of occurrence was an old enmity, it is thus submitted that old enmity cuts both ways and it appears that on account of old enmity, the petitioners came to be implicated. It is also submitted that allegation of assault is not specific and even woman member of the family has been implicated. It is next submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.69836 of 2025(2) dt.01-11-2025 3/3 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 Fatuha P.S. Case No. 776 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T