IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5878 of 2026 Arising Out of PS. Case No.-595 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Mansur Mian S/o Late Karim Mian Resident of Vill- Gurchurwa, P.S.- Majhauliya, Dist- West Champaran 2. Majahar Mian S/o Late Karim Mian Resident of Vill- Gurchurwa, P.S.- Majhauliya, Dist- West Champaran 3. Najruddin Mian S/o Late Idrish Mian @ Late Idrishn Mian Resident of Vill- Gurchurwa, P.S.-Majhauliya, Dist- West Champaran 4. Kamruddin Mian S/o Late Satar Mian Resident of Vill- Gurchurwa, P.S.- Majhauliya, Dist- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the State : Mr.Dilip Kumar No. 1 For the informant : Mr. Manaur Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 07-05-2026 1. Heard learned Counsel for the petitioners, leanred Counsel for the informant and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Majhauliya Police Station Case No. 595 of 2025, dated 05.09.2025, disclosing offences punishable under Sections 115(2)/126(2)/117(2)/109(1)/118(2)/303(2)/74/ 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that on 23.08.2025, at about 10 AM, while the Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026 2/4 informant was constructing the boundary wall on her land, the petitioners, along with others, came and started abusing the informant. When the informant protested, the petitioner no. 1 assaulted her by means of belcha and the petitioner nos. 2, 3 and 4 assaulted her by means of lathi and rod, due to which she sustained injury on her eye and other parts of the body. When the husband of the informant, Khursed Alam, came in her rescue, the petitioner nos. 1, 2 and 3 assaulted him by means of lathi and rod, due to which he sustained injuries on his head and both shoulders. When the son of the informant, Md. Faisal, came in their rescue, the petitioner nos. 1 and 2 tied a coconut rope around his neck and started pulling it. When the sister’s son of the informant, Irfan, came in their rescue, co-accused Sahil Alam assaulted him by means of farsha on his head, due to which he sustained injury on his head. The petitioner no. 4 also assaulted the sister’s son of the informant, Irfan, by means of iron rod on his right hand. 4. Learned Counsel for the petitioners submits that the petitioners are innocent and have not committed any offence in the manner alleged. He further submits that Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026 3/4 there is land dispute between the parties and there is case and counter case inasmuch as the petitioner no. 2 has filed Majhaulia Police Station Case No. 586 of 2025, against the informant and others, for the offences punishable under Sections 191(2)/126(2)/115(2)/118(2)/117(2)/76/ 303 (2)/ 352/351(2) of the Bhartiya Nyaya Sanhita, 2023. He submits that the case filed by the side of the petitioners is prior in time. He further submits that the injuries attributable to the petitioners are simple in nature except the injury caused to the sister’s son of the informant, Irfan, i.e. fracture of proximal phalanx of 3rd digit and fracture shelf of 4th digit, which is grievous in nature. 5. On the other hand, learned Counsel for the informant vehemently opposes the prayer for bail and submits that there is direct allegation of assault upon the petitioners and one of the injured has sustained grievous injury. 6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is case and counter case between the parties, there is land dispute between them and the injuries attributable to the petitioners are simple in nature except the injury Patna High Court CR. MISC. No.5878 of 2026(5) dt.07-05-2026 4/4 caused to the sister’s son of the informant, Irfan, which is grievous in nature, but on the non-vital part of the body, i.e. hand, I am inclined to grant the petitioners 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 a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Majhaulia Police Station Case No. 595 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √