IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31020 of 2026 Arising Out of PS. Case No.-208 Year-2025 Thana- RUPAULI District- Purnia ====================================================== 1. Bibi Sajrul @ Bibi Sajarun Wife of Late Md Abbas Resident of Village- Rampur Parihat Balu tola, Ward No 04, P.S- Rupauli, District -Purnia 2. Md Raja @ Md Ashik Raja Son of late Abbas Resident of Village- Rampur Parihat Balu tola, Ward No 04, P.S- Rupauli, District -Purnia 3. Md Kabil @ Md kabir Son of Late Md Abbas Resident of Village- Rampur Parihat Balu tola, Ward No 04, P.S- Rupauli, District -Purnia ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nadimul Hasan For the Opposite Party/s : Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 13-05-2026 Heard the parties. 2. After short argument, learned counsel for the petitioner pointed out that the specific allegation of assault is available against petitioner no. 3 namely, Md Kabil @ Md kabir who is also a juvenile. 3. In view of same, learned counsel for the petitioner seeks permission to withdraw the present prayer of anticipatory bail of petitioner no. 3 Md Kabil @ Md kabir as to raise issue before appropriate forum/ JJB, Purnea. 4. Request allowed. Patna High Court CR. MISC. No.31020 of 2026(2) dt.13-05-2026 2/4 5. Accordingly, prayer of anticipatory bail petition of petitioner no. 3 namely, Md Kabil @ Md kabir stands dismissed as withdrawn, however, with aforesaid liberty. 6. Now the present petition survives only against petitioner no. 1 and 2, namely, Bibi Sajrul @ Bibi Sajarun and Md Raja @ Md Ashik Raja respectively. 7. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Rupauli P.S. Case No. 208 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 3(5) of BNS. 8. The allegation against petitioners is to assault informant and others family members during the course of occurrence causing head and bodily injuries, where injury was alleged to cause with an intention to cause their death. The occurrence alleged to arisen due to neighborhood dispute and differences. 9. It is submitted by learned counsel appearing on behalf of the petitioners that the allegations to assault on head of the informant causing grievous injury is available Patna High Court CR. MISC. No.31020 of 2026(2) dt.13-05-2026 3/4 against co-accused namely, Md Kabil @ Md kabir, who is not the petitioner for the present. It is submitted that allegation against petitioner no. 1 and 2 is appearing very much general and omnibus in nature. It is also submitted that allegation of snatching and outraging modesty is available against petitioner no. 2 which is appearing very much general and omnibus in nature. 10. Arguing further, it is submitted that occurrence was in fact free fight in nature for which petitioner’s side also lodged a case which was registered as Rupauli P.S. Case No. 210 of 2025. It is pointed out as occurrence was free fight in nature, therefore, it can be safely said that petitioner were not under intention to cause death of the injured person. Petitioners claimed clean antecedent. 11. Learned APP opposed the prayer of bail. 12. In view of aforesaid factual submission and by taking note of fact as the occurrence prima-facie appears free fight in nature, where both parties received injuries, coupled with the fact that the allegation of assault prima- facie not available against petitioner rather they implicated Patna High Court CR. MISC. No.31020 of 2026(2) dt.13-05-2026 4/4 with general and omnibus allegations qua their involvement with present crime in questions, where petitioner no. 1 is a lady, accordingly petitioner no. 1 and 2 namely Bibi Sajrul @ Bibi Sajarun and Md Raja @ Md Ashik Raja, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 2nd Purnea /concerned Court, where the case is pending in connection with Rupauli P.S. Case No. 208 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS. Sudha/- (Chandra Shekhar Jha, J) U T