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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53700 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ======================================================
1. Nagendra Ojha S/o Shiv Nath Ojha Village- Kohda, PS- Udwantnagar, District- Bhojpur
2. Prashant Kumar Ojha S/o Nagendra Ojha Village- Kohda, PS- Udwantnagar, District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mayashankar Mishra, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 20-08-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117, 76, 303(2), 109 and 3(5) of the BNS, 2023. 3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and the informant alleges that petitioners along with their female members quarreled with the informant and his family members, further Nagendra and Prashant assaulted the informant by lathi and rod causing injury on head, thereafter Nagendra assaulted his wife by lathi causing
Patna High Court CR. MISC. No.53700 of 2025(2) dt.20-08-2025 2/3 injury near ear and Prashant disrobed her, further villagers saved them and informant got 10 stitches on his head while his wife got 8 stitches in her ear. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, it is next submitted that though the the informant alleges that he was assaulted by the petitioners on head causing injury, but then from perusal of the supplementary injury report, it would manifest that the same does not even remotely suggest that informant was assaulted on head rather records fracture of nasal bone, no bony injury on right wrist, normal study of NCCT head and fracture of nasal bone has been opined to be grievous. 5.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that from perusal of the Annexure- P/2 series, it would manifest that initially when the informant was examined by the doctor, the doctor had recorded lacerated wound on the center of head region, swelling and pain in the right wrist, but then the supplementary injury report records contrary to what was recorded in the injury report when informant had gone for examination. It is also submitted that the informant specifically in the FIR alleges that he got 10
Patna High Court CR. MISC. No.53700 of 2025(2) dt.20-08-2025 3/3 stitches on his head and his wife received 8 stitches in her ear. 6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7. Accordingly, the instant anticipatory bail application stands rejected. Rishabh/- (Satyavrat Verma, J) U T