IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46440 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1. Md. Azad @ Md. Aazad S/o Sekh Ishak Resident of Village- Sundrapur, Police Station- Pirpainti, Distt.- Bhagalpur 2. Shekh Sarfaraz @ Sikko @ Shekh Sanfaraj @ Md Sarfaraz S/o Shekh Kabir Resident of Village- Sundrapur, Police Station- Pirpainti, Distt.- Bhagalpur 3. Md. Siraj @ Md Siraj Alam S/o Shekh Chhunu Resident of Village- Sundrapur, Police Station- Pirpainti, Distt.- Bhagalpur 4. Shekh Ishak S/o Late Shekh Amanat Resident of Village- Sundrapur, Police Station- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 30-07-2025 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 Pirpainty Police Station Case No. 148 of 2025, dated 20.04.2025, disclosing offences under Sections 191(2)/191(3)/126(2)/115(2)/109/329(4)/352/351(2)/303( 2) of the Bhartiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 20.04.2025, at about 07:00 PM, while the informant was at his home, the petitioners, along with Patna High Court CR. MISC. No.46440 of 2025(2) dt.30-07-2025 2/3 other accused persons, arrived there having kulhadi (axe), lathi, danda, etc. in their hands and started abusing the informant. Thereafter, the accused persons dragged the informant out of his house and assaulted with lathi, danda, axe, etc. Co-accused Md. Sarfaraz assaulted the informant by means of axe causing head injury and the petitioner no. 1 snatched a sum of Rs. 5000/- from pocket of the informant. 4. Mr. Manoj Kumar, learned counsel for the petitioners, submits that the petitioners have falsely been implicated in the present case due to land dispute. He next submits that there is case and counter-case between the parties and Pirpainty Police Station Case No. 149 of 2025 has been lodged by the side of the petitioners. The allegation against the petitioners is general and omnibus in nature and specific allegation of assault is upon co-accused Md. Sarfaraz, who is not the petitioner. He further submits that injury caused to the informant is simple in nature, as would be evident from injury report, annexed at Annexure-2. 5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that there Patna High Court CR. MISC. No.46440 of 2025(2) dt.30-07-2025 3/3 is previous land dispute between the parties, case and counter-case is also there between them and injury sustained by the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Pirpainty Police Station Case No. 148 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nyaya Sanhita. ashwani/- (Anil Kumar Sinha, J) U T