Om Prakash Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78874 of 2025 Arising Out of PS. Case No.-375 Year-2025 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Om Prakash Soni S/O Late Ramayan Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 2.

Krishna Soni @ Krishnaji Soni S/O Late Shiv Nath Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 3.

Shailesh Soni @ Shailesh Kumar Soni S/O Om Prakash Soni Shailesh Soni 4.

Kedar Soni S/O Late Ramayan Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 5.

Pradeep Soni S/O Shyamlal Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 6.

Kamlesh Soni S/O Krishna Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 7.

Munna Soni S/O Om Prakash Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 8.

Durgesh Soni @ Durgesh Kumar Soni S/O Kedar Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 9.

Sunil Soni @ Sunil Kumar Soni S/O Om Prakash Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 10.

Raju Soni Late Hialal Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 11.

Manoj Soni @ Manoj Kumar Soni S/O Om Prakash Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan 12.

Rahul Soni @ Rahul S/O Late Krishna Soni Resident of vill.- Laheji, P.S.- Pachrukhi (M.H. Nagar), Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP For the Informant :

Mr. Bijay Prakash Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2/4 01-12-2025

1. Heard learned counsel for the petitioners, learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant.

2. The learned counsel for the petitioners, at the outset, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 6 (Kamlesh Soni) who was arrested during pendency of the anticipatory bail application.

3. Permission is accorded.

4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 117(1), 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

5. Learned counsel for the petitioners submits that petitioner nos. 1, 3, 7, 9, 10 and 11 have antecedent of one case instituted by the side of the informant and rest of the petitioners are persons with clean antecedent. It is next submitted that the informant alleges that on 19.08.2025 his son at 08:00 Pm was going to his bathan on his motorcycle when his agnates i.e. petitioners intercepted him and started abusing and assaulting him under fear of knife and when his son asked what fault he has committed, when petitioner no. 5 (Pradeep) with sword assaulted the informant causing injury on head while Sunil and

3/4 Munna snatched the chain and Rs. 5,000/- from his son, thereafter, Manoj and Kamlesh assaulted Arjun by rod causing injury on his left hand.

6. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant being agnates. It is also submitted that property dispute in between the parties is going on and from the side of the petitioners Pachrukhi P.S. Case No. 158 of 2025 was instituted against the informant and his side. It is also submitted that the injuries are simple in nature except one suffered by Rajesh, but then the allegation of assault is general and omnibus in nature. It is also submitted that petitioners are not criminals.

7. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the 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

4/4 the case is pending/successor court in connection with Pachrukhi P.S. Case No. 375 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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

(Satyavrat Verma, J) Rishabh/- U T