IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39158 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- MANJHAUL District- Begusarai ====================================================== 1. Nitish Kumar S/o Naresh Sharma Resident of Village-Manjhaul Ward No 3, P.S.- Manjhaul, District- Begusarai 2. Santosh Kumar @ Santosh Sharma S/o Naresh Sharma Resident of Village- Manjhaul Ward No 3, P.S.- Manjhaul, District- Begusarai 3. Naresh Sharma S/o Ram Gulam Sharma Resident of Village-Manjhaul Ward No 3, P.S.- Manjhaul, District- Begusarai ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudish Kumar For the Opposite Party/s : Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 09-07-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Manjhaul P.S. Case No. 28 of 2025 dated 04.04.2025 registered under Sections 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2), 3(5) of the B.N.S. 2023. 3. As per the prosecution case on 27.03.2025 at about 6:45 P.M. when the son of the informant was buying some goods in a shop the petitioner no. 1 & 2 came there and started abusing him and on protest they started assaulting the informant’s son. It has further been alleged that at about 7:15 p.m. the petitioners along with other accused persons named in the F.I.R. armed Patna High Court CR. MISC. No.39158 of 2025(2) dt.09-07-2025 2/3 with lathi, iron rod, khanti and pistol etc. entered into the house of the informant and started abusing and upon objection the petitioner no. 1 with khanti assaulted the nephew of the informant namely Sandeep Sharma on his head due to which he sustained injury. The petitioner no. 2 assaulted him on his head by means of iron rod due to which he fell down. When the informant came to rescue her nephews, the petitioner no. 3 assaulted her also and tried to outrage her modesty. 4. Learned counsel for the petitioners submits that there is specific allegation of assault against the petitioner nos. 1 & 3 that they assaulted the informant and one Chhotu Sharma by means of khanti and iron rod. The injury caused to Sandeep Sharma is simple in nature as would be evident from Annexure P/2. Insofar as injury caused to Chhotu Sharma is concerned, the same has not been brought on record by the prosecution and there is no specific allegation of assault against the petitioner no. 2. Both the parties are neighbours and there is case and counter case between the parties. The side of the petitioners lodged Manjhaul P.S. Case No. 27 / 2025 which is prior in time to the present F.I.R. Altogether eight persons have been made accused in the present case. 5. Regard being had to the submission made by the parties, Patna High Court CR. MISC. No.39158 of 2025(2) dt.09-07-2025 3/3 taking into consideration the fact that both the parties are close door neighbour having previous dispute, case and counter is there and injury caused to the victim is simple in nature, accordingly, I am inclined to grant anticipatory bail to the petitioners. 6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Manjhaul at Begusarai in connection with Manjhaul P.S. Case No. 28 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T