IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44064 of 2026 Arising Out of PS. Case No.-70 Year-2026 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Ajay Kumar S/O Late Nand Lal Sah R/O Laxmi Chowk, Machli Mandi, P.S.- Brahmpur, Dist.- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Brahmpura P.S. Case No. 70 of 2026, registered for the offences punishable under Sections 115(2), 118, 126, 351(2), 352, 303(2), 324, 329, 109 and 3(5) of the BNS, 2023. 3. Based upon the prosecution case, it is alleged that the son of the informant runs a general store. On the given date and time, while the son of the informant was going to close his shop, in the meanwhile, co-accused Bittu Sah and Jantu Sah reached there and demanded for water bottle and cigarette and when the son of the informant asked for money, both of them called upon other accused persons, including the petitioner, and all of them brutally assaulted him by means of lathi, danda, Patna High Court CR. MISC. No.44064 of 2026(2) dt.08-07-2026 2/3 fasuli and iron rod, due to which he sustained serious injuries. The accused persons also ransack the shop and taken away the valuables. 4. Learned Advocate for the petitioner submitted that the incidence took place on 04.03.2026 on the eve of holi, where some altercation took place, which resulted into scuffle, leading to some unfortunate injuries and on the same day itself, the police had come to the place of occurrence and taken the son of the informant to the hospital, but surprisingly the FIR has been instituted after a delay of two days. Moreover, even if the allegation is taken to be true for the sake of argument, there is no allegation against the petitioner of causing any injury rather the specific accusation has been levelled against Bittu Sah and Deepak Sah. So far the injury is concerned, from the impugned order it appears that the same has been found to be grievous in nature, but as stated hereinabove, it has not been attributed to the petitioner. The petitioner bears fair antecedent and he undertakes that he will fully co-operate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner along with others have assaulted the informant’s son, Patna High Court CR. MISC. No.44064 of 2026(2) dt.08-07-2026 3/3 due to which he sustained grievous injuries. The delay has also been explained by the informant, as his son was admitted in the government hospital for treatment. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation against the petitioner, coupled with the delay, besides the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahmpura P.S. Case No. 70 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T