IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48825 of 2025 Arising Out of PS. Case No.-329 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1. Pappu Chauhan S/o Ramji Chauhan R/o Village- Akouna, P.S.- Muffasil, Distt- Nawada 2. Mallu Chauhan S/o Ramji Chauhan R/o Vill- Akouna, P.S.- Mufassil, Distt- Nawada ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Verma For the Opposite Party/s : Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 11-08-2025 1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 329 of 2024 dated 23.08.2024 registered under Sections 126(2), 115(2), 309(1), 76, 303(2), 352, 351(1), 117(2), 329(4), 3(5) of the Bhartiya Nyay Sanhita 2023. 3. As per the F.I.R. on 22.08.2024 at about 11:00 p.m. in the night the petitioners along with other accused persons arrived at the door of the informant, abused her due to land dispute and assaulted her husband. It has further been alleged that petitioner no. 1 assaulted the husband of the informant with badhari (axe), petitioner no. 2 assaulted with badhari (axe) on the cheek of the Patna High Court CR. MISC. No.48825 of 2025(2) dt.11-08-2025 2/3 informant and petitioner no. 1 assaulted on her right hand with lathi. The petitioner no. 2 also torn the blouse and saree of the informant with bad intention. 4. Learned counsel for the petitioners submits that both the parties are agnates and there is dispute of partition between the parties. The allegations against the petitioners are general and omnibus in nature however the petitioner no. 1 has allegedly assaulted with badhari (axe) on the head of the informant’s husband and the right hand of the informant. The allegation against the petitioner no. 2 is not supported by any medical report which would be evident from the impugned order. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that there is specific allegation against the petitioners of assaulting the informant and her husband. The husband of the informant has sustained grievous injury on his head as would be evident from the impugned order itself and injury caused to informant is simple in nature. 6. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner no. 1 assaulted the informant’s husband who sustained grievous injury on the head, as such, I am not inclined to grant anticipatory bail to Patna High Court CR. MISC. No.48825 of 2025(2) dt.11-08-2025 3/3 petitioner no. 1. The same is rejected. 7. Insofar the petitioner no. 2 is concerned, the allegation against him that he assaulted the informant on cheek but injury sustained by her is simple in nature, accordingly, I am inclined to grant anticipatory bail to the petitioner no. 2 . 8. Let the petitioner no. 2, 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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st , Nawada, in connection with Muffasil P.S. Case No. 329 of 2024 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