IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87605 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- ISUAPUR District- Saran ====================================================== 1. Akhilesh Pandit S/O Late Chauki Pandit @ Late Shivnath Pandit Village- Nipaniya, Police station- Isuapur, District- Saran 2. Vishal Kumar @ Vishal Pandit S/O Akhilesh Pandit Village- Nipaniya, Police station- Isuapur, District- Saran ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 21-01-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Isuapur Police Station Case No. 233 of 2024, disclosing offences under Sections 115(2), 109, 126(2), 351(2), 352, 118(1) of the BNS, 2023. 3. As per the prosecution case, on 08.10.2024, while the informant was making earthen pot (diya) and was making it in the open. The petitioners came armed with dabh and knife, started abusing him and on protest, petitioner no. 1 ordered his son to kill, thereon, petitioner no. 2 assaulted with knife, causing injury on head and when the informant fell down, petitioner no. Patna High Court CR. MISC. No.87605 of 2024(2) dt.21-01-2025 2/3 1 assaulted with dabh due to which he became unconscious. 4. Learned Counsel for the petitioner submits that the petitioners are next door neighbor of the informant and the occurrence has taken place due to the quarrel between the children and during quarrel, the earthen pot (diya) which the informant was making got damaged. The injury caused to the informant is simple in nature by hard and blunt substance whereas the allegation against the petitioner that they assaulted with knife which is a sharp cutting weapon. 5. Learned counsel for the State argued that petitioner no. 1 is having four criminal antecedent under the Excise Act. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbors, the occurrence has taken place due to minor scuffle between the children and the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.87605 of 2024(2) dt.21-01-2025 3/3 satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra, in connection with Isuapur Police Station Case No. 233 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. HarshPandey/- (Anil Kumar Sinha, J) U T