Lal Mohan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74541 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- Banshi District- Arwal ====================================================== 1.

Lal Mohan Das S/O Late Kedar Das Resident of Village- Rainath, P.O.- Anuan, P.S.- Banshi, District- Arwal.

2.

Runa Devi W/O Awadhesh Das Resident of Village- Rainath, P.O.- Anuan, P.S.- Banshi, District- Arwal.

3.

Ram Das S/O Late Kedar Das Resident of Village- Rainath, P.O.- Anuan, P.S.- Banshi, District- Arwal.

4.

Ratni Devi W/O Lal Mohan Das Resident of Village- Rainath, P.O.- Anuan, P.S.- Banshi, District- Arwal.

5.

Sharwan Das @ Sharwan Kumar S/O Lal Mohan Das Resident of VillageRainath, P.O.- Anuan, P.S.- Banshi, District- Arwal. 6.

Vikash Kumar S/O Baban Ram Resident of Village- Rainath, P.O.- Anuan, P.S.- Banshi, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shadab Akhter For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Banshi P.S. Case No. 62 of 2025 registered for the offences punishable under Sections 115(2), 118, 126(2), 303(2), 76, 351(2), 352 and 109(1) of Bhartiya Nyay Sanhita.

3. As per first information report, on 14.06.2025, in the evening, the informant's neighbour Sharwan Das and his brother-in-law, petitioner no.6 Vikash Kumar were consuming

Patna High Court CR. MISC. No.74541 of 2025(2) dt.03-12-2025 2/3 liquor near the village school and abusing the villagers. When son of the informant's brother-in-law objected to them, verbal dual took place between them. It is further alleged that subsequently petitioner nos. 5 and 6 came to the informant's sister-in-law, gotni's house and started abusing her husband. On 15.06.2025, in the morning, while the informant's husband was going to meet the natures of call, Lal Mohan Das, petitioner no.1 and Sharwan Das, petitioner no.5 surrounded the informant's husband Sahendra Chaudhary and assaulted him with iron rod on his head with intention to kill him. When the informant's husband was shouting for help upon which the other accused persons started assaulting him with sticks, broom, fists, kick and punches, etc.

4. Learned counsel for the petitioners submits that both the parties are co-villagers and there is local dispute between both the family members and the counter FIR has been lodged by the side of the petitioners which is prior to the present FIR bearing Arwal SC/ST P.S. Case No. 09 of 2025 on 16.06.2025 against the informant's husband and others. The allegation against the other petitioners are general and omnibus in nature of assaulting by sticks, broom, fists, slaps, etc.

5. Regards being had to the submissions made by the

Patna High Court CR. MISC. No.74541 of 2025(2) dt.03-12-2025 3/3 parties, taking into consideration the fact that the allegation against the petitioner nos. 1 and 5 are specific in nature and the victim has sustained grievous injury which is dangerous to life, I am not inclined to grant anticipatory bail to the petitioner nos. 1 and 5.

6. According, the prayer of the petitioner nos. 1 and 5 is rejected.

7. So far as prayer of the petitioner nos. 2, 3, 4, and 6 are concerned, the allegation against them are general and omnibus in nature and both the parties are co-villagers, I am inclined to grant anticipatory bail to the petitioner nos. 2, 3, 4 and 6.

8. Let, the above named petitioner nos. 2, 3, 4 and 6, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Arwal connection with Banshi P.S. Case No. 62 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS. shailendra/- (Anil Kumar Sinha, J) U T