IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37073 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1. Vikash Kumar Singh son of Ghanshyam Singh Village- Thathopur PS -Baheri Distt -Darbhanga 2. Vishal Kumar Singh Son of Ghanshyam Singh Village- Thathopur PS -Baheri Distt -Darbhanga 3. Ghanshyam Singh son of Late Rameshwar Singh Village- Thathopur PS -Baheri Distt -Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP Mr. P.Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 3 03-09-2025 1. Heard learned counsel for the parties. 2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Baheri P.S. Case no.77 of 2025 registered for the offence punishable under sections 126(2), 115(2), 118(1), 352, 109, 303(2), 76, 351 and 3(5) of the Bhartiya Nyay Sanhita,2023. 3. As per the prosecution case, the informant states that the accused persons ie the petitioners herein came variously armed and surrounded the house of the informant. While Ghanshyam Singh is said to have assaulted the husband of the informant on the head with an axe causing serious injuries, it is Patna High Court CR. MISC. No.37073 of 2025(3) dt.03-09-2025 2/3 stated that Vikash Kumar Singh and Vishal Kumar Singh assaulted with khanti injuring the husband of the informant. It is further stated that Vikash Kumar Singh also assaulted the informant. 4. Learned Senior counsel appearing for the petitioners submits that the parties are gotias and the petitioners have been falsely implicated in the case. Several cases, two of which have been brought on record at pages 24 and 25 to the petition was lodged by petitioner no.3 for an occurrence which has taken place just a few days ago. The injuries on Om Prakash Singh have been found to be grievous. Referring to the contents of the interlocutory application, it is submitted that the said Om Prakash Singh who was already having gastroenterological problems was under treatment at DMCH vide OPD registration No. 9192 dated 18.2.2025 and his ultrasound has also been performed. It is submitted that the injury report does not support the prosecution case. The petitioners undertake to cooperate in the investigation/trial. 5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the three petitioners herein who are all named in the FIR have been stated Patna High Court CR. MISC. No.37073 of 2025(3) dt.03-09-2025 3/3 to be armed with axe and khanti and there is specific allegation of assault against them which are substantiated from the injury report and it is not dispute that the injury on Om Prakash have been opined to be grievous in nature. 6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the contents of the injury report, the Court not inclined to enlarge the petitioners on anticipatory bail and the application is rejected. 7. The petitioners are directed to surrender in the Court below within a period of four weeks. Bibhash (Partha Sarthy, J) U T