IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73477 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- DARPA District- East Champaran ====================================================== 1. Raja Babu Patel @ Raja Babu Kumar S/o Pappu Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 2. Shankar Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 3. Harendra Patel S/o Late Jagan Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 4. Mukesh Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 5. Amilal Patel @ Amiri Patel @ Amini Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 6. Rakesh Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 7. Bhulan Patel S/o Harendra Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran 8. Hari Shankar Patel S/o Achchhelal Patel R/o Village - Gamhariya Kala, P.S - Darpa, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. Mr. Harsha Shashwat, Adv. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 11-02-2026 Heard learned Advocate for the petitioners and learned Advocate for the State. 2. The petitioners apprehend their arrest in connection with Darpa P.S. Case No.34 of 2024 registered for the offences punishable under Sections 341, 323, 447, 448, 379, 354, 354B, 324, 307, 504 and 506/34 of the Indian Penal Code. Patna High Court CR. MISC. No.73477 of 2025(3) dt.11-02-2026 2/3 3. Allegedly, in the fateful night, while the informant was sleeping in his house, in the meanwhile, all the FIR named accused persons variously armed with iron rod, bhala, farsa and country made pistol barged into the house and looted valuables. It is further alleged that petitioner no.8 assaulted the informant by means of iron rod due to which he sustained injury on his head and eye, besides there is further allegation against other accused persons of assaulting and abusing the informant. 4. The learned Advocate for the petitioners submitted that in fact both the parties are bickering over the land dispute and the present case is nothing but an offshoot of the same which resulted into a free fight leading to some unfortunate injury. There is a counter version of the present case being Darpa P.S. Case No. 36 of 2024 instituted by petitioner no.8. The injury which is alleged to have been sustained to the informant, has been found to be simple in nature as as is evident from the injury report. The petitioners bear fair antecedent. 5. The learned Advocate for the State fairly submitted that considering the materials available on record, the petitioners had been earlier extended the benefit of Section 41(1) of the CrPC and, as such, there is no apprehension of their arrest at that stage. However, it is further submitted that since the learned Sessions Judge rejected the petitioners’ prayer Patna High Court CR. MISC. No.73477 of 2025(3) dt.11-02-2026 3/3 for anticipatory bail solely on the ground that the Investigating Officer failed to produce the case diary, a fresh apprehension of arrest has now arisen. 6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the materials available on record, especially the fact that initially the petitioners were accorded the privilege of Section 41(1) of the CrPC, besides the nature of injury is found to be simple and the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event 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 Sub-Divisional Judicial Magistrate, Motihari, East Champaran in connection with Darpa P.S. Case No.34 of 2024, 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