IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26787 of 2026 Arising Out of PS. Case No.-335 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== 1. Amlesh Kumar @ Karu Yadav Son of Dinesh Yadav Resident of village- Pachna Road, Sansar Pokhar, Yadav tola, Ward no. 19, Ps- Kabaiya, Dist- Lakhisarai 2. Bablu Yadav @ Lal yadav son of Dinesh yadav Resident of village- Pachna Road, Sansar Pokhar, Yadav tola, Ward no. 19, Ps- Kabaiya, Dist- Lakhisarai 3. Dablu Yadav @ Chhotu yadav @ Dablu kumar Son of Dinesh Yadav Resident of village- Pachna Road, Sansar Pokhar, Yadav tola, Ward no. 19, Ps- Kabaiya, Dist- Lakhisarai ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Rabi Bhushan, Advocate For the Opposite Party/s : Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 27-04-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Kabaiya P.S. Case No. 335 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’). 3. As per FIR, allegation against petitioners is to assault the informant by using rod and danda etc. as a result of which 32 stitches were done on the head of the informant. The informant also sustained injuries on his left hand. It is also Patna High Court CR. MISC. No.26787 of 2026(2) dt.27-04-2026 2/3 alleged that prior to this occurrence on 31.07.2025, the assault was also made by the petitioners. 4. Learned counsel appearing on behalf of the petitioners submitted that upon medical examination, two injuries were noticed upon informant out of which one is lacerated wound of size 1” x 0.25” x skin depth (2” x 0.25” x skin depth) over vertex of skull and another is swelling and bruise of size 3” x 2” on left arms, which found grievous in nature and due to said reason only the anticipatory bail petition of the petitioners was rejected considering that the petitioners were under intention to cause death of the informant/injured. 5. It is submitted that to constitute an offence prima facie punishable under section 109(1) of the B.N.S., different factors are required to be looked into i.e. nature of weapon, manner of assault, body parts where assault was made, the pre and post conduct of the accused etc. In support of his argument, learned counsel relied upon the legal report of Hon’ble Supreme Court as available through State of Himachal Pradesh Vs. Shamsher Singh reported in 2025 SCC OnLine SC 807. Petitioners claimed clean antecedent. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. Patna High Court CR. MISC. No.26787 of 2026(2) dt.27-04-2026 3/3 7. In view of the aforesaid factual submissions and by taking note of the fact as prima facie nature of injuries as discussed aforesaid not suggesting that petitioners were under intention to cause death of the informant/injured, accordingly, all the three above-named petitioners, in the event of their arrest/surrender within a period of four weeks from this order, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai/concerned court in connection with Kabaiya P.S. Case No. 335 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) U T