Raj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84095 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Raj Kumar Das Son of Naga Das Resident of Village- Koiria, Nizamat, P.S.- Paru, District- Muzaffarpur, Bihar 2.

Munna Kumar Son of Raj Kumar Das Resident of Village- Koiria, Nizamat, P.S.- Paru, District- Muzaffarpur, Bihar 3.

Radhika Devi Wife of Raj Kumar Das Resident of Village- Koiria, Nizamat, P.S.- Paru, District- Muzaffarpur, Bihar 4.

Renu Devi Wife of Rajkishore Das Resident of Village- Koiria, Nizamat, P.S.- Paru, District- Muzaffarpur, Bihar 5.

Nishu Devi @ Nishu Kumari D/O- Raj Kumar Das, Wife of Gautam Kumar Resident of Koiria Nizamat, P.S.- Paroo, Distt.- Muzaffarpur, Now wife of Gautam Kumar, Resident of Village- Ram Nagar Ghataro Tola, P.S.- Lalganj, District- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379, 354, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, on 16.01.2024, all the F.I.R. named accused persons along with several unknown miscreants including these petitioners came and started abusing elder brother of the informant. Upon protest, all the accused

Patna High Court CR. MISC. No.84095 of 2024(2) dt.06-02-2025 2/3 persons assaulted him F.I.R. farsa and when family members of the informant came to the rescue, they were also assaulted by means of different weapons. It is further alleged that petitioner No. 5 took mangalsutra from the neck of bhabhi of the informant.

4. Learned counsel for the petitioners submits that on account of land dispute between the parties, a free fight took place in which both sides sustained injures. Case and counter case. Specific accusation of assault is against co-accused Bablu Kumar. So far these petitioners are concerned, allegation against them is general and omnibus. Injuries allegedly caused by these petitioners are simple in nature. Petitioners claim clean antecedent.

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

6. Considering the nature of accusation, simple injury 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 Judicial Magistrate, 1st Class,

Patna High Court CR. MISC. No.84095 of 2024(2) dt.06-02-2025 3/3 Muzaffarpur (West) in connection with Paru P. S. Case No. 38 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T