Ramkishore Singh @ Ram Kishore SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42048 of 2026
                  Arising Out of PS. Case No.-87 Year-2026 Thana- CHHATAUNI District- East Champaran
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           1.     Ramkishore Singh @ Ram Kishore Singh S/O Late Lal Deo Singh R/O
                  Mohalla Mathiya Zirat ward no.- 12, P.S.- Chhatauni, District- East
                  Champaran
           2.    Anupam Kumari D/O Ramkishore Singh R/O Mohalla Mathiya Zirat ward
                 no.- 12, P.S.- Chhatauni, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar S.K., Adv.
                 For the Opposite Party/s :       Mrs. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioners are apprehending arrest in

                   connection with Chhatauni P.S. Case No. 87 of 2026 lodged on

                   14.02.2026, for the offence punishable under Sections 191(2),

                   329(2), 126(2), 115(2), 117(2), 109, 303(2), 74, 352 & 351(2) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioners

                   and 10-15 unknown persons. The allegation against the

                   petitioner no.1 is that he has assaulted the informant’s son by

                   iron rod due to which, his finger was broken. The allegation
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          against the petitioner no. 2 is that she has snatched Rs. 50,000/-

          from the pocket of the informant’s son.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that from the contents of the FIR, it become

          crystal clear that both parties are neighbour and the dispute has

          arisen between them with regard to construction of public road

          in the locality. He submits that for the same date and place of

          occurrence, there are case and counter case filed from both the

          sides. He further submits that the petitioner no. 1 has one

          criminal antecedent, whereas, the petitioner no. 2 has clean

          antecedent.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that the statement

          written in the FIR is absolutely correct as the construction of

          public road was going on and the petitioners and other accused

          persons were obstructing for removal of encroachment and

          started stopping the construction of the road. He submits that the

          dispute has arisen only due to encroachment of public road. He

          further submits that the petitioner no. 1 has one criminal

          antecedent and the said case is registered under section 135 of

          the Electricity Act regarding theft of electricity, which shows his
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          mentality.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that from the record, it

          transpires that there are case and counter case filed from both

          the sides.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on bail, in

          the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

          Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief

          Judicial Magistrate, East Champaran at Motihari, in connection

          with Chhatauni P.S. Case No. 87 of 2026, subject to the

          conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with

          further conditions that:-

                       (i) if any complaint is filed before the Trial Court

          alleging that the petitioners have again created any obstruction

          in the construction of the public road or in the removal of

          encroachment, then the Trial Court upon verification from the

          local police shall cancel the bail bond of the petitioners.

                       (ii) the petitioners shall appear before the Trial Court

          on each and every scheduled date, and failure to do so for two
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                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of their bail bonds by the Trial

                       Court itself;



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T