IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64590 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== Dharbendra Mukhia @ Dharmendra Kumar Mukhiya S/o- Chhotelal mukhiya Resident of village-chainpur bharna ward no 06 ps bangaon district saharsaChainpur Bharna W.No-6, Ps- bangaon Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rashmi Jha For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-02-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young man aged about 29 years. It is next submitted that in sum and substance, the allegation against the petitioner is assaulting Puran Mukhia with dabiya and the blow is alleged to have been repeated. 4. It is further submitted that petitioner and the informant are agnates and are having dispute relating to land as Patna High Court CR. MISC. No.64590 of 2024(2) dt.10-02-2025 2/3 such an altercation had taken place in which both sides assaulted each other, accordingly Bangaon P.S Case No. 142 of 2023 was instituted from the side of the petitioner against the informant and others. It is next submitted that no doubt in the FIR, it is alleged that petitioner assaulted Puran Mukhia by dabiya repeatedly and dabiya is a sharp-edged weapon, but then from perusal of injury report, annexed as Annexure-2 to the anticipatory bail application, it would manifest that initially when the injured was examined, the doctor found one lacerated wound over frontal region and an abrasion over left eyebrow and thereafter he was referred to Sadar Hospita, Saharsa where NCCT of brain was done and it was opined that one of the injuries was grievous. It is thus submitted that when the wound was lacerated, how can it be alleged that the petitioner had assaulted with dabiya which is a sharp-edged weapon. It is next submitted that petitioner is not a criminal and will not abscond and will cooperate in the investigation to prove his innocence. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court Patna High Court CR. MISC. No.64590 of 2024(2) dt.10-02-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bangaon P.S. Case No. 136 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. SUMIT/- (Satyavrat Verma, J) U T