Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90735 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- DAWATH District- Rohtas ====================================================== 1.

Sanjay Kumar S/o Rameshwar Singh R/o Village- Parmeshwarpur, PSDawath, District- Rohtas 2.

Budhan Singh S/o Late Sighasan Singh R/o Village- Parmeshwarpur, PSDawath, District- Rohtas 3.

Bisheshwar Singh S/o Late Singhasan Singh R/o Village- Parmeshwarpur, PS- Dawath, District- Rohtas 4.

Manoj Singh S/o Late Rajbali Singh R/o Village- Parmeshwarpur, PSDawath, District- Rohtas 5.

Ravi Kumar S/o Rameshwar Singh R/o Village- Parmeshwarpur, PSDawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-01-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Dawath P.S. Case No. 202 of 2025, registered for the offences punishable under Sections 191(2), 126,(2) 115(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioners is of causing assault to the informant and his family members by means of

Patna High Court CR. MISC. No.90735 of 2025(2) dt.15-01-2026 2/3 lathi, danda, rami, bhala, bricks and stones, leading to serious injuries to them.

4. Learned Advocate for the petitioners submitted that the parties are agnates and they were bickering over a land dispute since long, which resulted into a free fight, leading to serious injuries to persons of both the sides. There is a counter version of the present case being Dawath P.S. Case No. 203 of 2025, instituted by the mother of the petitioner nos. 1 and 5. The doctor examined the informant and others. So far one of the injury, which is allegedly sustained to the informant is concerned, though the same is found to be grievous in nature, but it has not been specifically attributed to any of the petitioners. Moreover, the injuries, which is allegedly sustained to family members of the informant are concerned, the same are found to be simple in nature. To support the aforesaid contention, the injury reports have been placed on record as Annexure-P/3 series. It is lastly contended that now the good sense prevailed between the parties and they do not want to proceed in the matter. All the more, the petitioners bear fair antecedent.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the assault being made by the petitioners, the informant has

Patna High Court CR. MISC. No.90735 of 2025(2) dt.15-01-2026 3/3 sustained grievous injury over his head and, as such, for this reason alone, the petitioners do not deserve pre arrest bail.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the omnibus nature of allegation against the concerned persons, including the petitioners, besides the factum of case and counter case in the premise of a land dispute and the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 202 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) shivank/- U T