Bhutan Ram @ Butam Ram @ Butan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72210 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Bhutan Ram @ Butam Ram @ Butan Son of Late Lorik Ram R/o Village - Jagirha Tola, Harijan Basti, Ward no. 05, P.S. - Thakraha, Dist. - West Champaran.

2.

Jitendra Ram @ Jitendra Kumar Son of Ram Naresh Prasad R/o Village - Jagirha Tola, Harijan Basti, Ward no. 05, P.S. - Thakraha, Dist. - West Champaran.

3.

Anita Devi Wife of Dangal Ram R/o Village - Jagirha Tola, Harijan Basti, Ward no. 05, P.S. - Thakraha, Dist. - West Champaran. 4.

Dangal Ram Son of Late Lorik Ram R/o Village - Jagirha Tola, Harijan Basti, Ward no. 05, P.S. - Thakraha, Dist. - West Champaran. 5.

Hiraman Ram Son of Late Lorik Ram R/o Village - Jagirha Tola, Harijan Basti, Ward no. 05, P.S. - Thakraha, Dist. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== 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 191(2), 190, 329(3), 329(4), 126(2), 115(2), 109, 303(2) and 351 of the B.N.S..

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.3 is a woman. Learned counsel submits that the instant FIR is a

2/4 counter blast to Thakraha P.S. Case No.74/2025. It further submitted that Thakraha P.S. Case No.74/2025 was instituted by the side of the petitioners against the informant of the instant F.I.R. and others, alleging that side of the informant were trying to capture the washroom, which the petitioners' side were claiming belong to them. It is submitted that in the instant FIR, the informant alleges that at 7 P.M. when she was going to the washroom, when the accused persons came and assaulted her by rod and when her son came to save her, he was also assaulted, further in the assault, her daughter and other sons also received injury.

4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against Jitendra and Anita Devi. It is next submitted that petitioner no.1, 4 and 5 are alleged to have assaulted the side of the informant but then the injury suffered by the injured has been opined to be simple in nature. It is also submitted that Kanhaiya and Amar from the side of the informant also received injury which has been opined to be grievous but then from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the accused

3/4 persons i.e. the FIR does not disclose that who assaulted Kanhaiya and Amar. It is also submitted that Amar received injury on his right hand thumb, which is a non-vital part of the body, though Kanhaiya received injury on his forehead. It is next submitted that on account of dispute relating to washroom, an altercation had taken place, in which both side assaulted each other and petitioners are not criminals and 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 and also taking into consideration the fact that on a trivial issue the occurrence is alleged to have taken place and the instant FIR is a counter blast to Thakraha P.S. Case No.74/2025, the petitioners above-named, in the event of their arrest or surrender before the learned Court below 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 learned trial court where the case is pending/successor court in connection with Thakraha P.S. Case No.75/2025, subject to

4/4 the conditions as laid down under Section 482(2) of the B.N.S.S.

(Satyavrat Verma, J) amit/- U T