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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1425 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- Gadhiya Bazar District- East Champaran ======================================================
1. Chunchun Singh S/O Pramod Singh Resident of Village- Khodadapur, P.S.- Garahiya Bazar, District East Champaran, Motihari.
2. Pramod Singh S/O Late Rambahadur Singh Resident of Village- Khodadapur, P.S.- Garahiya Bazar, District East Champaran, Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Shashi Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
02. In the present case, the petitioners seek bail in connection with Garahiya Bazar P.S. Case No. 237 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 351(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co- accused persons assaulted the husband of the informant and his brothers with knife, sword and farsa, causing a number of injuries to them.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.1425 of 2026(2) dt.15-01-2026 2/3 the petitioners are innocent and have been falsely implicated in this case. The wife of the petitioner no. 1 has filed Garahiya Bazar P.S. Case No. 239 of 2025 against the informant side as the informant side is agnate of the petitioners and they cut a semal tree from the land of the petitioners, when scolded by the petitioner no. 1, the informant side brutally assaulted him as well his wife. Learned counsel further submits that in this background, the present FIR has been lodged by the informant to save his skin. The informant has exaggerated the nature of assault and no life threatening injuries have been found on any of the victims. The injuries are mostly lacerations on non-vital parts and incised wounds are stated to be on middle finger and palm of one of the victims apart from pain and body ache.
Learned counsel further submits that the petitioners are having clean antecedent and they are in custody since 22.10.2025. Charge-sheet has been submitted in this case.
05. Learned APP for the State opposes the submission made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the case and counter version and the background of land dispute and further considering the nature of injuries stated to be
Patna High Court CR. MISC. No.1425 of 2026(2) dt.15-01-2026 3/3 sustained by the victims and also considering the period of custody of the petitioners and their clean antecedent along with submission of charge-sheet, the petitioners above named are
directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, Motihari/court concerned in connection with Garahiya Bazar P.S. Case No. 237 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
Ashish/- (Arun Kumar Jha, J) U T