IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91229 of 2025 Arising Out of PS. Case No.-508 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Rahul Kumar S/O Mithilesh Sahani Resident of village-Bara Baishaha, P.S- Chakiya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Anand Kishore Choudhary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-01-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Chakiya P.S. Case No. 508 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 329(3), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. On the fateful day while the accused person forcibly sowing the maize in the field of the informant and when the same was protested, it is alleged that all the FIR named accused persons including the petitioner variously armed came there and started abusing and assaulting. The allegation against the petitioner is of causing assault upon the head of the father of Patna High Court CR. MISC. No.91229 of 2025(2) dt.15-01-2026 2/3 the informant by means of iron rod. 4. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that besides the fact the alleged occurrence took place in the evening of 03.09.2025, for the first time, the fard beyan of the informant was recorded on 08.9.2025 and later on, the FIR has been registered on 19.09.2025; there is no explanation for delay. Moreover, the impugned order discussing the injuries allegedly sustained to the informant’s father, the same is said to be simple in nature. Admittedly the genesis of the occurrence is nothing, but a land dispute which led to a free fight resulting into institution of case and counter case being Chakiya P.S. Case No. 512 of 2025 instituted against the informant and others. 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 pre-arrest bail application and submitted that the informant’s father is fortunate enough that he sustained only simple injury, however the petitioner has specifically assaulted over his head which may have proved grievous or fatal. 6. Having considered the submissions advanced by Patna High Court CR. MISC. No.91229 of 2025(2) dt.15-01-2026 3/3 learned Advocate for the respective parties and taking note of the genesis of the occurrence, coupled with the factum of case and counter case, besides the simple nature of injury as well as the tender age of the petitioner who bears fair antecedent, let the petitioner above named 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 the learned Chief Judicial Magistrate, East Champaran at Motihari or Successor Court in connection with Chakiya P.S. Case No. 508 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. supratim/- (Harish Kumar, J) U T