IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44026 of 2026 Arising Out of PS. Case No.-127 Year-2022 Thana- DEV District- Aurangabad ====================================================== 1. Nagmatiya Devi @ Nagwanti Devi W/O Ashok Yadav R/O Village - Devdhari Bigha, P.S- Deo, District - Aurangabad (Bihar) 2. Sunita Devi W/O Kishore Yadav R/O Village - Devdhari Bigha, P.S- Deo, District - Aurangabad (Bihar) 3. Ravi Kumar @ Chhotu Kumar S/O Kishore Yadav R/O Village- Devdhari Bigha, P.S- Deo, District - Aurangabad (Bihar) 4. Lalan Kumar S/O Ashok Yadav R/O Village - Devdhari Bigha, P.S- Deo, District - Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Singh For the Opposite Party/s : Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 03-07-2026 Heard the parties. 2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Deo P.S. Case No. 127/2022 registered for the offences punishable under Sections 307, 323, 504, 147, 148, 149, 324 and 325 of the Indian Penal Code (in short ‘I.P.C.’). 3. The allegation against these petitioners is to assault informant and others by means of sword, lathi, rod, etc. causing thereby head and bodily injuries, having intention to cause their death, where occurrence arises out of land disputes. 4. Learned counsel appearing on behalf of the petitioners submitted that occurrence is free fight in nature, where both parties received injuries and for the same set of occurrence a case was lodged by petitioners’ side, which has been registered as Deo P.S. Case No. 128 of 2022. It is submitted that injury, as alleged to be caused by these petitioners, appears simple as per injury report, Patna High Court CR. MISC. No.44026 of 2026(2) dt.03-07-2026 2/2 suggesting that same are not sufficient to cause death in ordinary course of nature, negating thereby “intention to cause death”. It is submitted by learned counsel that after investigation police submitted final form against petitioners, but learned Jurisdictional Magistrate taking different note, without assigning any reason took cognizance against above named petitioners vide order dated 23.09.2025. The petitioners claimed to know about the proceedings only after issuance of NBW, as summon was not served upon them. Petitioners claimed clean antecedent. 5. Learned APP opposed the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as occurrence was free fight in nature, where police after investigation submitted closure report against petitioners, accordingly all above named four petitioners, 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 CJM, Aurangabad/concerned Court, where the case is pending in connection with Deo P.S. Case No. 127/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sudha/- (Chandra Shekhar Jha, J) U T