Om Pandey @ Om Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87120 of 2025 Arising Out of PS. Case No.-339 Year-2025 Thana- PIPRA District- East Champaran ====================================================== 1.

Om Pandey @ Om Kumar Pandey S/O Devesh Pandey R/O VillageMahuawa, Police Station- Pipra District- East Champaran, Bihar. 2.

Golu Pandey @ Aditya Kumar S/O Devesh Pandey R/O Village- Mahuawa, P.S- Pipra, Distt.- East Champaran, Bihar.

3.

Baby Devi @ Bebi Pandey W/O Devesh Pandey R/O Village- Mahuawa, Police Station- Pipra District- East Champaran, Bihar. 4.

Devesh Pandey @ Devesh Kumar Pandey S/O Ram Ekbal Pandey R/O Village- Mahuawa, Police Station- Pipra District- East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025

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 126(2), 115(2), 118(1), 109(1), 352, 351 and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 3 is a woman and the informant alleges that on 23.07.2025, his son Ajit was going to his field by his tractor when Devesh objected and said why he is going through his field, on which

Patna High Court CR. MISC. No.87120 of 2025(2) dt.18-12-2025 2/3 his son objected, when his son was tied with a mango tree and was assaulted by lathi causing injury on back and hand and when his son Rajiv went to save him, the accused persons including the petitioners assaulted him causing injury on head, but was saved on intervention of villagers and was taken to hospital.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on a trivial issue being raised by the side of the petitioners objecting the son of the informant from crossing his field for going onto his field, an altercation took place in which both sides assaulted each other. It is also submitted that even allegation of assault is not specific and entire family members including women member of the family have been implicated. It is next submitted that petitioners are not criminals.

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, the petitioners above-named, in the event of their arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.87120 of 2025(2) dt.18-12-2025 3/3 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 the case is pending/successor court in connection with Pipra P.S. Case No. 339 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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

(Satyavrat Verma, J) Rishabh/- U T