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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24945 of 2026 Arising Out of PS. Case No.-503 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Saurav Kumar @ Saurab Kumar S/o- Natho Yadav, R/o Village- Pokharia, Phulwaria, PS- Ballia, District- Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Ballia (Baliya) P.S. Case No. 503 of 2025, dated 17.11.2025, registered for the offences punishable under Sections 126(2), 115(2), 352 and 109(1) read with Section 3(5) of the Indian Penal Code.
3. As per prosecution case, petitioner and other co- accused persons under the influence of intoxicants were involved in hurling abuses, and when the husband and son of the informant forbade them for doing so, enraged, they assaulted the husband and son of the informant by means of khanti, rod and lathi causing injuries to them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.24945 of 2026(2) dt.24-04-2026 2/4 case. There is general and omnibus allegation of assault against the petitioner and other co-accused persons and the only specific allegation against the petitioner and co-accused Nishu Kumar is that they assaulted the husband and son of the informant with khanti and rod. Further allegation against other co-accused persons, namely Abhishek Kumar and Devendra Yadav is that they also assaulted them with lathi and rod causing injuries on head. However, the injury report of the husband of the informant shows two injuries on forehead which are lacerated wounds of sizes 5cm x 0.5cm x 0.4cm and 4cm x 0.5cm x 0.2cm and the injuries are stated to be simple in nature. Further, the son of informant has received one injury only which is swelling over forehead of size 1/2” x 1/6”, this injury is also stated to be simple in nature. Learned counsel further submits that injury reports of the husband and son of the informant corroborates the fact that the allegation of assault by means of khanti, rod and lathi etc. levelled against the petitioner is false and concocted. Moreover, the allegation of assault on head is levelled against altogether four persons and could not be ascertained to be specific against this petitioner. Besides, the injuries are quite superficial as is clear from the dimensions of the injuries.
Learned counsel further submits that parties are agnates and due
Patna High Court CR. MISC. No.24945 of 2026(2) dt.24-04-2026 3/4 to previous dispute this case has been lodged. Learned counsel lastly submits that petitioner is having antecedent of one case in which he is on bail.
5. Learned APP opposes the submissions made on behalf of the petitioner and submits that petitioner is having one antecedent of similar nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the nature of allegation and dimensions of injuries and further considering the strained relationship between the parties and the prevailing land dispute between them, let the petitioner, above- named, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia (Baliya) P.S. Case No. 503 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.24945 of 2026(2) dt.24-04-2026 4/4 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.
Shahnawaz/- (Arun Kumar Jha, J) U T