IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76727 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1. Mahendra Sahni @ Mahendra Sahani S/O Late Tarni Sahni @ Late tarni Sahani R/O Village.- Shaligrami (Saligrami), P.S- Sahebpur Kamal, District- Begusarai 2. Gautam Sahni @ Gautam Kumar S/O Late Harilal Sahni @ Late Harilal Sahni R/O Village.- Shaligrami (Saligrami), P.S- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 01-12-2025 1. Heard learned counsel for the petitioners, learned A.P.P. for the State Mr. Rabindra Kumar and the learned counsel appearing on behalf of the informant. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the B.N.S., 2023. 3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of two cases but then he was acquitted in both the cases and one case is of the year 2009 and petitioner no.2 is a person with clean antecedent and the informant alleges that he was constructing toilet, when accused Patna High Court CR. MISC. No.76727 of 2025(2) dt.01-12-2025 2/3 persons including the petitioners came and asked to stop the construction, on objection, petitioner no.1 assaulted his brother by lathi causing injury on head and when he fell the accused persons kept assaulting him repeatedly by lathi on his head. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioner no.2 but then petitioner no.1 being karta of the family has been falsely implicated. It is next submitted that informant though alleges that petitioner no.1 assaulted causing injury on head of his brother by lathi but then it is also alleged that when his brother fell other accused persons also assaulted him as such it cannot be alleged specifically that on account of assault by the petitioners the injury caused to the informant’s brother has been opined to be grievous. It is also submitted that on a trivial issue, an altercation had taken place in which both side assaulted each other. 5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners. Patna High Court CR. MISC. No.76727 of 2025(2) dt.01-12-2025 3/3 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Sahebpur Kamal P.S. Case No.214/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. amit/- (Satyavrat Verma, J) U T