IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74149 of 2025 Arising Out of PS. Case No.-433 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== 1. Akhileshwar Prasad @ Raktu Mahto S/o Sitaram Mahto R/o Village - Sewrahan, P.S - Harsidhi, District - East Champaran 2. Raja Kumar S/o Akhileshwar Prasad R/o Village - Sewrahan, P.S - Harsidhi, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 19-11-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Harsidhi P.S. Case No. 433 of 2025 dated 28.06.2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 74, 303(2), 109, 110, 352 and 351 read with Section 3(5) of the BNS. 3. As per prosecution case, the petitioners and other co-accused persons armed with iron-rod and farsa came to the doors of the informant and started hurling abuses. The petitioner no. 1 gave order and other co-accused persons started assaulting the informant. When the husband of the informant intervened, Patna High Court CR. MISC. No.74149 of 2025(2) dt.19-11-2025 2/4 petitioner no. 2 gave farsa blow on his head causing a fracture. The son of the informant was also assaulted by another co- accused with iron-rod. 4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. The parties are agnates and next door neighbours and some petty quarrel took place between them over land dispute related to partition of ancestral property. There is case and counter version and the wife of petitioner no. 1 has lodged Harsidhi P.S. Case No. 437 of 2025 against the informant’s side. The petitioners’ side has received a number of injuries which are unexplained. There is no specific allegation of assault against petitioner no. 1, though there is allegation of assault by farsa against petitioner no. 2, the injuries are stated to be simple. Moreover, the injury no. 1 is small wound on left parietal region of head caused by sharp object and injury no. 2 is an abrasion on nose caused by hard and blunt substance. This report falsifies the allegation of use of farsa by petitioner no. 2. Petitioner no. 2 has also received injuries on his head and on other body parts. The petitioners are having clean antecedent and are in custody since 24.07.2025 and chargesheet has been submitted. Patna High Court CR. MISC. No.74149 of 2025(2) dt.19-11-2025 3/4 5. Learned counsel for the informant as well as learned A.P.P. appearing on behalf of the State oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that an attempt was made on the life of the informant and her family members and there is specific allegation against petitioner no. 2 that he gave farsa blow on the head of the husband of the informant and injury report corroborates this fact. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of injuries and clean antecedent of the petitioners, their period of custody and also the submission of chargesheet, the petitioners, above-named, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Motihari, East Champaran / concerned Court, in connection with Harsidhi P.S. Case No. 433 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners. Patna High Court CR. MISC. No.74149 of 2025(2) dt.19-11-2025 4/4 (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial Court. (iii) In case of non-appearance of the petitioners on single date or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. Shahnawaz/- (Arun Kumar Jha, J) U T