Munnidayal @ Munni Lal Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 03-12-2025

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Heard the learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Autar Nagar P.S. Case No.182 of 2025, F.I.R dated 05.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 76, 352, 351(2)(3) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

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According to prosecution case, the informant, Pooja Kumari (20), resident of Chhotu Jhala, Saran, gave a statement at PMCH, Patna on 30.06.2025. She stated that on 29.06.2025, a dispute arose when the children of Rajkishore Ray were

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Patna High Court CR. MISC. No.78214 of 2025(2) dt.03-12-2025 2/4

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draining soapy water in front of her verandah, causing her family’s children to slip and fall. When she objected, Rajkishore Ray’s family abused and threatened her. Later, around 7:30 PM, the accused—Ram Kishor Ray, Shambhu Ray, Munni Dayal, Guriya Devi, and Arti Devi—allegedly assaulted her with lathis and rods, injuring her head. She claims Ram Kishore Ray tore her clothes, leaving her unclothed, after which she lost consciousness and later woke up in PMCH.

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Learned counsel for the petitioners submits that the allegations of assault against these petitioners are general and omnibus in nature while the specific allegation of assault and overt act is against Ram Kishore Ray, who is said to have assaulted the informant and injury caused to the informant is simple in nature. It has next been submitted that the petitioners have clean antecedent.

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Learned APP for the State opposes the prayer for anticipatory bail application.

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Considering the aforesaid facts and circumstances that there is no specific allegation against the petitioners rather the allegations are general and omnibus in nature and the injury sustained by the informant is simple in nature. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the

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Patna High Court CR. MISC. No.78214 of 2025(2) dt.03-12-2025 3/4

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petitioners.

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Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Successor Court, District Saran, in connection with Autar Nagar P.S. Case No.182 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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Patna High Court CR. MISC. No.78214 of 2025(2) dt.03-12-2025 4/4

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(iv) the petitioner(s) shall desist from committing any

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criminal offence again, failing which the State shall be at liberty

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to take steps for cancellation of their bail bonds.

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(Ajit Kumar, J)

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sharun/-