IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42685 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Pramod Rai @ Pramod Yadav, S/o Nathuni Rai, R/o Village- Semarhiya, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 5 10-11-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Banjariya P.S. Case No. 96 of 2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 329(3), 303(2), 74, 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita. 3. Allegedly the petitioner alongwith others who wanted to grab the land of the informant were indulged in threatening and when the same was resisted on the fateful day, all the FIR named accused persons, variously armed, came there and started dismantling the thatched house. It is specifically alleged that on the exhortation made by co-accused Sant Rai, Patna High Court CR. MISC. No.42685 of 2025(5) dt.10-11-2025 2/3 the petitioner assaulted the informant by means of iron rod over his head. There is further allegation against other accused persons of causing assault to others and one Jaisingh Rai, who has sustained grievous injury. 4. Learned Advocate appearing on behalf of the petitioner referring to the FIR primarily contended that so far the injury attributed to the petitioner is concerned, the same has been found to be simple in nature. All the more, the other co- accused persons against whom there is allegation of causing assault leading to grievous injury, are not before this Court. In fact, on the fateful day, both the parties have entered into a free fight resulting into injuries to persons of both the sides and for the said occurrence, an FIR has also been instituted being Banjariya P.S. Case No. 95 of 2025 against the informant and others, which is earlier on the point of time. The petitioner though is accused in one another criminal case, however, he is on bail in the said case. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner brutally assaulted the informant and there is a corresponding injury. 6. Having considered the submissions advanced by Patna High Court CR. MISC. No.42685 of 2025(5) dt.10-11-2025 3/3 learned Advocate for the respective parties and taking note of the nature of injury which is attributed to the petitioner, coupled with the factum of case and counter case and the genesis of occurrence and the parties are agnates, bickering over the land dispute, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Motihari, East Champaran in connection with Banjariya P.S. Case No. 96 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T