Dudhnath Gond @ Dudhnath Gond Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70000 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- JIRADEI District- Siwan ====================================================== Dudhnath Gond @ Dudhnath Gond Sah S/o Basant Gond Resident of Village - Ruiya, P.S. - Jiradei, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 78 years and the informant alleges that on account of dispute relating to drainage of water, the accused persons including the petitioner came and Chhote Lal stabbed his father causing injury on abdomen, thereafter, Satyam assaulted the informant by knife causing injury on left hand, further Chhote Lal also assaulted him by knife causing injury on back and rest accused assaulted by fist and slap, on alarm, people gathered and injured were

Patna High Court CR. MISC. No.70000 of 2025(2) dt.14-10-2025 2/3 brought to the hospital from where they were referred to Gorakhpur.

4. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioner. It is next submitted that no doubt the informant alleges that the accused persons indulged in committing the offence of stabbing, but then petitioner is not alleged to have stabbed. It is also submitted that since petitioner is father of Chhote Lal, as such, he has been implicated in the instant case by the informant with a view to coerce Chhote Lal into submission. It is also submitted that petitioner all throughout his life has remained a person with clean antecedent and when he is nearing his grave, he came to be implicated in the instant case with general and omnibus allegations.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner and taking into consideration the age of the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.70000 of 2025(2) dt.14-10-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Ziradei P.S. Case No. 86 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T