IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24985 of 2025 Arising Out of PS. Case No.-364 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== 1. Fahad Khan @ Shah Fahad Khan S/o Pappu Khan @ Shahne Alam Khan Resident of Village - Jogauliya Tola Gulab Khan, P.S. - Madhuban, District - East Champaran 2. Saiful Imam Khan S/o S/o Late Noore Imam Khan @ Imam Khan Resident of Village - Jogauliya Tola Gulab Khan, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhurendra Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 05-05-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Madhuban Police Station Case No. 364 of 2023, dated 31.07.2023, disclosing offences punishable under Sections 341/323/307/504/506/34 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that in the night of 24/25th July, 2023. when the informant was returning back to his home after attending tajiya procession, he was assaulted by the petitioner no. 1 by means of farsa on his head. Subsequently, on Patna High Court CR. MISC. No.24985 of 2025(2) dt.05-05-2025 2/3 25.07.2023, in the evening, the petitioner no. 2 assaulted the uncle of the informant on his head by means of iron- rod. 4. Learned Counsel for the petitioners submits that both the parties are co-villagers and during tajiya procession, some scuffle took place between the parties, in which the side of the petitioners also sustained injuries, for which the petitioner no. 2 lodged Madhuban Police Station Case No. 365 of 2023 against the informant and others. He next submits that the injuries sustained by the informant and his uncle are simple in nature, as would be evident from the injury reports (Annexure P/2 series). He further submits that some of the co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 11.12.2024, passed in Criminal Misc. No. 82832 of 2024. 5. On the other hand, learned Additional Public Prosecutor opposes the prayer for bail and submits that there is direct allegation against the petitioners of assaulting the informant and his uncle. 6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that Patna High Court CR. MISC. No.24985 of 2025(2) dt.05-05-2025 3/3 both the parties are co-villagers, case and counter case is there and the injuries sustained by the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Madhuban Police Station Case No. 364 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √