IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30283 of 2026 Arising Out of PS. Case No.-129 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Khelan Kumar Yadav @ Dholan Yadav, S/o Dukh Haran Yadav, R/o Village - Turki, Ward No.1, P.S. - Bakhtiyarpur, District - Saharsa ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 24-07-2026 Heard learned counsel for the petitioner through virtual mode and learned Additional Public Prosecutor for the State. 2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Sonbarsa Raj P.S. Case No.129 of 2025 registered under Sections 302, 62, 351(2) and 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) and Section 27 of the Arms Act. 3. As per FIR, the petitioner and other co-accused persons assaulted the informant during the occurrence, having intention to cause his death, where allegation of firing is available against this petitioner. Patna High Court CR. MISC. No.30283 of 2026(4) dt.24-07-2026 2/3 4. It is submitted by learned counsel appearing for petitioner that due to dispute arising out of bamboo-clump claiming by both the parties, the present false was lodged against petitioner. It is submitted that all accused persons including petitioner alleged to equipped with firearms, sharp- edged weapons, lathi, rod etc. total of eight named co- accused persons but, non-finding of any injury on informant makes his allegation doubtful. It is submitted that no injury was caused by firearms or any weapon. It is submitted that the occurrence in fact was free fight in nature for which, counter case was also lodged. While concluding argument, it is submitted that the petitioner found involved in one more criminal case of year 2010 i.e. Simri Bakhtiyarpur P.S. Case No.156 of 2010, where after facing trial, he was acquitted and, therefore, it can be fairly said that presently the petitioner is a man of clean antecedent. 5. Learned APP opposed the prayer of bail. 6. In view of aforesaid factual submissions and by taking note of fact, as the occurrence was free fight arising out of property dispute, where no injury was caused upon Patna High Court CR. MISC. No.30283 of 2026(4) dt.24-07-2026 3/3 informant during the occurrence in view of the background that the eight co-accused persons made an attempt to assault him equipped with deadly weapons including firearms, making the allegation prima facie doubtful, accordingly, the petitioner, above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class at Saharsa in connection with Sonbarsa Raj P.S. Case No.129 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’). Sanjeet/- (Chandra Shekhar Jha, J.) U T