IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91175 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- PHENHARA District- East Champaran ====================================================== Anil Sah S/o Late Jagarnath Sah R/o- Mauje Rupauliya Tola Chauhan Chhapra, P.S.- Phenhara, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Patanjali Rishi For the Opposite Party/s : Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-01-2026 Heard the parties. 2. The petitioner apprehends his arrest in connection with Penhara P.S. Case No. 164 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 3(5) of the BNS. 3. The allegation against the petitioner is of causing indiscriminate dabia blows over the head of the informant leading to serious injuries, besides the allegation against other accused persons of causing assault and snatching valuables and misbehave. 4. Learned Advocate for the petitioner taking this Court through the FIR submitted that the entire prosecution case falls to the ground for the simple reason that the injury report does not corroborate the allegation of indiscriminate dabia Patna High Court CR. MISC. No.91175 of 2025(2) dt.15-01-2026 2/3 blows as the injuries sustained to the informant have been found to be simple in nature. In fact on the fateful day, on account of a trifle, the parties have entered into a scuffle resulting into some unfortunate injuries. Moreover, the alleged occurrence took place at about 11:45 am on 22.07.2025 but the present FIR came to be instituted on 23.07.2025 at 5:30 in the evening. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the informant was fortunate enough that he sustained simple injury but it is the fact that the petitioner gave repeated blows over the head of the informant by means of dabia. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the simple nature of injury, coupled with the fair antecedent of the petitioner, besides the delay in lodging of the FIR, let the petitioner abovenamed be released on bail, in the event of his 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 Patna High Court CR. MISC. No.91175 of 2025(2) dt.15-01-2026 3/3 the learned Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Penhara P.S. Case No. 164 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 petitioner. Anjani/- (Harish Kumar, J) U T