Pradeep Patel Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35936 of 2025

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Arising Out of PS. Case No.-10 Year-2025 Thana- MANPUR District- West Champaran

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Pradeep Patel Son of Bhrat Patel @ Bhrat Raut @ Bharat Patel VillageKaulapur Tandi, Ps- Manpur, Dist- West champaran

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Americka Patel @ Amirka Patel Son of Bhrat Patel @ Bhrat Raut @ Bharat Patel Village- Kaulapur Tandi, Ps- Manpur, Dist- West champaran

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Nitesh Kumar @ Nitish Kumar Son of Americka Patel @Amirka Patel Village- Kaulapur Tandi, Ps- Manpur, Dist- West champaran

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Bhrat Patel @ Bhrat Raut @ Bharat Patel Son of Late Kishun Patel VillageKaulapur Tandi, Ps- Manpur, Dist- West champaran

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Nitu Devi Wife of Americka Patel @ Amirka Patel Village- Kaulapur Tandi, Ps- Manpur, Dist- West champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Uma Shankar Prasad Singh For the informant : Mr. Sarvesh Kashyap Ms. Kumari Akansha Rai

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 03-09-2025 1. Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Manpur Police Station Case No. 10 of 2025, dated 29.01.2025, disclosing offences punishable under Sections 126(2)/118(1)/117(2)/76/109/303(2)/352/351(2)/ 351(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023.

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The prosecution case, as per the First Information Report,

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Patna High Court CR. MISC. No.35936 of 2025(4) dt.03-09-2025 2/4

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is that on 21.05.2024, the informant’s neighbour, Americka Patel (petitioner no. 2), had mortgaged 5 kathas of his land for a total consideration amount of Rs. 11,76,000/-. On 27.01.2025, in the morning, when the informant was harvesting the sugarcane crops on the mortgaged land with the help of labourers, the petitioners along with others arrived there with lathi, started abusing the informant. On protest, they dragged the informant, due to which she was disrobed. When the labourers intervened, the petitioners assaulted them by lathi, danda etc. Subsequently thereafter, the petitioners, along with other co-accused, came at the door of the informant with lathi, danda and started assaulting the informant, her husband, her son and daughter, causing injuries.

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Learned Counsel for the petitioners submits that both the parties are co-villagers and there is land dispute between them, which would be evident from the First Information Report itself. The claim of the informant with regard to mortgage of the land, in question, is not correct; rather, the informant was damaging the crop, which led to free fight between the parties. A counter case has also been lodged by the petitioner no. 5 against the informant and

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Patna High Court CR. MISC. No.35936 of 2025(4) dt.03-09-2025 3/4

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others, being Manpur Police Station Case No. 11 of 2025. The injuries sustained by the victims are simple in nature. The parties have entered into compromise and has filed a compromise petition before the concerned Court on 03.03.2025.

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On the other hand, learned Counsel for the informant and learned Additional Public Prosecutor for the State vehemently oppose the prayer for anticipatory bail and submit that from perusal of the First Information Report, it would be evident that the petitioners and others have dragged the informant in the field and outraged her modesty. They also assaulted the informant and her family members.

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Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, having land dispute, the injuries sustained by the victims are simple in nature and a counter case has been lodged by the petitioner no. 5 against the informant and others, I am inclined to grant the petitioners privilege of anticipatory bail.

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This application is, accordingly, allowed.

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Let the petitioners, above named, in the event of their

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Patna High Court CR. MISC. No.35936 of 2025(4) dt.03-09-2025 4/4

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arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, West Champaran, at Bettiah, in connection with Manpur Police Station Case No. 10 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

Pradeep Patel v. The State of Bihar

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Pradeep Patel v. The State of Bihar

Case brief

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