IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2501 of 2026 Arising Out of PS. Case No.-483 Year-2025 Thana- RAHUI District- Nalanda ====================================================== 1. Ajit Gop Son of Chhotu Gope @ Chhote Gop Resident of village - Babur Banna, P.S.- Rahui (Bhagan Bigha), District - Nalanda. 2. Prashant Kumar Son of Ravindra Yadav Resident of village - Milkipar, P.S.- Rahui, District - Nalanda. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar No. I, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 04-02-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Rahui P.S. Case No. 483 of 2025, registered for the offences punishable under Sections 190, 191(2), 126(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. In the evening of the fateful day, while the informant was sitting in his garage, in the meanwhile, the petitioners alongwith other accused persons came there and started abusing and assaulting. It is specifically alleged that petitioner no 1 having lathi in his hand whereas petitioner no. 2 keeping pistol came there and both of them assaulted by means Patna High Court CR. MISC. No.2501 of 2026(2) dt.04-02-2026 2/3 of butt of pistol over the head of the informant and subsequently also snatched the valuables and the cash which were kept in the garage. 4. Learned Advocate appearing on behalf of the petitioners referring to the FIR contended that at the one hand the informant has alleged that the petitioner no. 1 was carrying lathi in his hand and on the other hand it is alleged that both the petitioners have assaulted the informant by means of butt of the pistol. The reason behind the said occurrence is nothing but a previous animosity as is also evident from the FIR. Moreover, the injuries which are allegedly sustained over the head of the informant and attributed to the petitioners have been found to be simple in nature. The injury which is allegedly found over the hand of the informant is said to be grievous in nature, however the same is not attributed against the petitioner. The other co- accused persons who have also participated in the crime including the co-accused Ujjwal Kumar, Nikki Kumar and Milan Kumar have been granted anticipatory bail by the Court below itself. The petitioner bears fair antecedent. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime and Patna High Court CR. MISC. No.2501 of 2026(2) dt.04-02-2026 3/3 have brutally assaulted the informant over his vital part, however he was fortunate enough that he did not sustain some serious injuries over the vital part. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the injury report, which suggest any grievous injury has been found over the head of the informant, besides the fair antecedent of the petitioners, let the petitioners 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 483 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 petitioners. supratim/- (Harish Kumar, J) U T