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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30177 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- SHIVSAGAR District- Rohtas ======================================================
1. Mahendra Prasad S/o Late Dhari Prasad @ Dhari Chandra Bansi R/o - Kadjar (Moresarai), P.S - Shivsagar, District - Rohtas, Bihar
2. Sunny Kumar @ Sunny Kumar Chandravanshi S/o Mahendra Prasad Chandravanshi @ Mahendra Prasad R/o - Kadjar (Moresarai), P.S - Shivsagar, District - Rohtas, Bihar
3. Tara Muni Devi W/o Mahendra Prasad R/o - Kadjar (Moresarai), P.S - Shivsagar, District - Rohtas, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 07-08-2026 Heard learned Advocates for the petitioners and learned Advocate for the State. 2. The petitioners apprehend their arrest in connection with Shivsagar P.S. Case No.34 of 2026 registered for the offences punishable under Sections 115(2), 126(2), 117(2), 109 and 3(5) of the BNS, 2023. 3. Allegedly, while the informant was present at his shop, he received information that the accused persons had entered into his house and were assaulting his family members. Upon receiving such information, he immediately rushed to his house. It is further alleged that when he attempted to rescue his
Patna High Court CR. MISC. No.30177 of 2026(4) dt.07-08-2026 2/3 family members, he too was brutally assaulted by the petitioners and other co-accused persons, resulting in serious injuries. 4. Learned Advocate for the petitioners submitted that the parties are close agnates and owing to previous animosity, a free fight took place between both sides, resulting in some unfortunate injuries to members of both groups. There is a counter-version of the present case, being Shivsagar P.S. Case No. 35 of 2026, wherein the persons of the petitioners' side have also sustained injuries. It is further argued that even a plain reading of the FIR reveals that no specific overt act or injury has been attributed to any of the present petitioners. Moreover, the petitioners are persons of clean antecedents and undertake to cooperate with the proceedings of the Court. 5.
On the other hand, learned Advocate for the State opposed the prayer for bail and submitted that the father of the informant sustained a grievous injury on a vital part of his body, which may prove fatal. 6. Having considered the submissions advanced on behalf of the parties and taking note of the omnibus nature of the allegations, the factum of case and counter-case, the genesis of the occurrence and the clean antecedents of the petitioners, let the above named petitioners, be released on bail, in the event
Patna High Court CR. MISC. No.30177 of 2026(4) dt.07-08-2026 3/3 of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge-II, Rohtas at Sasaram in connection with Shivsagar P.S. Case No.34 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. rohit/- (Harish Kumar, J) U T