Satish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80633 of 2025
                      Arising Out of PS. Case No.-180 Year-2025 Thana- VAISHALI District- Vaishali
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           1.     Satish Kumar, aged about 23 years, Male, Son of Umesh Singh Resident of
                  village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           2.    Sanjeev Kumar, aged about 25 years, Male, Son of Umesh Singh, Resident
                 of village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           3.    Vishwajeet Kumar, aged about 26 years, Male, Son of Ramesh Singh,
                 Resident of village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           4.    Sujeet Kumar, aged about 23 years, Male, Son of Ramesh Singh, Resident of
                 village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           5.    Ankit Kumar, aged about 19 years, Male, Son of Ramesh Singh, Resident of
                 village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           6.    Kamlesh Singh, aged about 47 years, Male, Son of Late Rajendra Singh,
                 Resident of village- Karneji, P.S.- Belsar O.P., District- Vaishali.
           7.    Ramesh Singh, aged about 50 years, Male, Son of Late Rajendra Singh,
                 Resident of village- Karneji, P.S.- Belsar O.P., District- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Kaushal Kishor, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 For the Informant        :       Mr. Jainendra Kumar, Advocate
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                CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in connection

                   with Vaishali P.S. Case No. 180 of 2025 instituted for the

                   offences punishable under Sections 191(2), 126(2), 329(3),

                   109(1), 303(2), 115(2), 118(1) and 352 of the BNS.

                                3. As per allegation in the FIR, all the accused persons
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          including the present petitioners assaulted the informant and his

          family members by means of iron rod, sharp cutting weapon and

          bamboo stick, due to which, informant and his brother were

          injured and further alleged that petitioners and other co-accused

          persons have snatched a gold chain from the neck of the

          informant and also snatched Rs. 18,000/-.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent have committed no offence and have

          falsely been implicated in this case only on the basis of land

          dispute attributed between the parties. He submits that there is

          general and omnibus allegation of assault upon all the

          petitioners. He further submits that petitioners and informant are

          neighbor as well as pattidars and the informant always trying to

          implicated the petitioners in false and concocted case due to

          land dispute. He next submits that the injury upon the informant

          and his brother are simple in nature. Petitioners have got

          criminal antecedent except petitioner no. 5 as stated in para- 3 of

          the petition.

                       5. Learned APP for the State and learned counsel for

          the informant vehemently opposed the prayer for anticipatory

          bail of the petitioners.

                       6. From perusal of the FIR and the impugned order of
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          the learned Additional Sessions Judge-III, Vaishali at Hajipur

          dated 20.08.2025, it appears that on the basis of written report of

          the informant, namely, Mantosh Kumar, FIR has been registered

          under Sections 191(2), 126(2), 329(3), 109(1), 303(2), 115(2),

          118(1) and 352 of the BNS against all the co-accused persons

          including the present petitioners and the allegation is that the

          petitioners assaulted the informant, informant’s brother and his

          family members with iron rod, sharp cutting weapon and

          bamboo stick, due to which informant’s head was injured. From

          perusal of the impugned order, it appears that the allegation

          against the petitioners are that they used sharp cutting weapon,

          bamboo stick and iron rod but no specific sharp cutting weapon

          have been mentioned in the impugned order only reference has

          been made in para 37 of the case diary that the informant

          Mantosh Kumar and Chootu Kumar were injured but the injury

          report states that the injuries are found to be simple in nature

          and no other description has been mentioned in the impugned

          order. There is case and counter case attributed between both the

          parties due to land dispute and the petitioners have one criminal

          antecedent except petitioner no. 5 , so considering all these

          aspects of the case and submissions of learned counsel for the

          parties, I am inclined to grant anticipatory bail to the above
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                      named petitioners.

                                   7. Accordingly, these petitioners above named in the

                      event of their arrest or surrender before the Court below within

                      six weeks from today, be released on bail 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 Judicial

                      Magistrate-1st Class, Vaishali at Hajipur in connection with

                      Vaishali P.S. Case No. 180 of 2025, subject to the conditions

                      laid down in Section 482(2) of the BNSS.


                                                               (Ramesh Chand Malviya, J)

Anand Kr.

U     T