IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84125 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- KARAHGAR District- Rohtas ====================================================== 1. Dhana Devi @ Dhna Devi Wife of Mohan Chaudhary Resident of Village- Rampur, P.S.- Kargahar, District- Rohtas 2. Mohan Chaudhary Son of Late Nageshwar Chaudhary Resident of Village- Rampur, P.S.- Kargahar, District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 07-01-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Kargahar P.S. Case No. 31 of 2025, registered for the offences punishable under Sections 126(2), 352, 109, 303(2) and 3(5) of the Indian Penal Code. 3. Allegedly on the fateful day the petitioners armed with iron rod and lathi barged into the house of the informant and started abusing. On protest being made It is specifically alleged that petitioner no. 2 assaulted the informant by means of iron rod, due to which he sustained serious injury on his hand, whereas the petitioner no. 1 assaulted the informant by means of lathi, besides there is allegation of snatching of valuables. Patna High Court CR. MISC. No.84125 of 2025(2) dt.07-01-2026 2/3 4. Learned Advocate appearing on behalf of the petitioners submitted that the parties are none else but own brothers and bhabhi, however on account of some dispute regarding partition, they have entered into scuffle, resulting into some unfortunate injuries. Moreover, the alleged occurrence took place on 28.11.2024 and from the record it appears that complaint case was filed on 18.12.2024, which was later on sent to the concerned police station and finally the FIR has been instituted on 08.02.2025. The petitioner no. 1 has also instituted Kargahar P.S. Case No. 77 of 2025 against the informant and others. It is next contented that though there is allegation of causing assault against the petitioner no. 2, which led to a grievous injury, but it was an unfortunate injury and on non-vital part. The petitioners bear fair antecedent and undertake before this Court that they will take initiatives for settlement of the dispute as the informant and the petitioner no. 2 are full brother. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioner no. 2 does not deserve the privilege of anticipatory bail as he assaulted his brother, which led to grievous injury. 6. Having considered the submissions advanced by Patna High Court CR. MISC. No.84125 of 2025(2) dt.07-01-2026 3/3 learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the close relationship as well as fair antecedent and the delay in lodging of the case, 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 Additional Chief Judicial Magistrate IV, Sasaram, Rohtas in connection with Kargahar P.S. Case No. 31 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:- (i) One of the bailors shall be the own/close family members of the petitioners. (ii) If the petitioners are found indulged in intimidating or threatening the informant and the witnesses, they shall be at liberty to file cancellation of their bail bonds. supratim/- (Harish Kumar, J) U T