IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44055 of 2026 Arising Out of PS. Case No.-688 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== 1. Shivpujan Yadav Son of Bharat Yadav Resident of Village- Nauwadih, Ward No. 7, P.S.- Paharpur, District- East Champaran 2. Shivchandra Kumar Yadav @ Shivchandra Yadav Son of Bharat Yadav Resident of Village- Nauwadih, Ward No. 7, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Paharpur P.S. Case No. 688 of 2025, registered for the offences punishable under Sections 103(1) & 3(5) of the BNS. 3. On account of land dispute, allegedly on the given date and time of occurrence, all the FIR named accused persons including the petitioners barged into the house of the informant and brutally assaulted her husband by means of lathi and iron rod, due to which the informant's husband sustained serious injury. Patna High Court CR. MISC. No.44055 of 2026(2) dt.08-07-2026 2/3 4. Learned Advocate for the petitioners submitted that the FIR has been instituted against eleven named accused persons and the specific accusation of causing assault has been leveled against only four persons including the petitioner no. 1. However, it has not been disclosed, as to whether the assault attributed to the petitioner no. 1 is the cause of death. In fact, both the parties are pattidar and on account of land dispute, they entered into a free fight resulting into an unfortunate injuries, which later on proved fatal. So far the petitioner no. 2 is concerned, there is no allegation against him except his appearance at the place of occurrence. Both the petitioner bears one criminal antecedent, however, they are on a bail in said cases. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the specific accusation against petitioner no. 1, that he along with three other persons brutally assaulted informant's husband due to which he sustained serious injuries, that proved fatal, the prayer for pre-arrest bail of petitioner no. 1 stands rejected. So far the petitioner no. 2 is concerned, considering the fact that Patna High Court CR. MISC. No.44055 of 2026(2) dt.08-07-2026 3/3 there is no allegation of any overt act against him, besides the genesis of occurrence being a land dispute, let the petitioner No. 2 above named be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Motihari, East Champaran in connection with Paharpur P.S. Case No. 688 of 2025, 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 No. 2. sumit/- (Harish Kumar, J) U T