IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26456 of 2026 Arising Out of PS. Case No.-233 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1. Rajkumar Shah Son of Binda Sah Resident of village- Madhuban Ghat P.S.- Muffasil Dist -East Champaran 2. Anisha Devi wife of Vinay Sah Resident of village- Madhuban Ghat P.S.- Muffasil Dist -East Champaran 3. Anjali Kumari Daughter of Rajkumar Shah Resident of village- Madhuban Ghat P.S.- Muffasil Dist -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhannjay Kumar II, Advocate For the Opposite Party/s : Mr.Ajay Kumar Jha,A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 01-05-2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners apprehend their arrest in a case registered under Sections 126 (2), 118 (1), 115 (2), 109, 76, 303 (2), 352, 351 and 3 (5) of B.N.S. 3. As per the prosecution case, petitioners and other armed with iron rod, knife and muari came at the house of the informant and objected the construction of house of the informant. It is alleged that petitioner no.1 assaulted informant’s aunt with iron rod on her head and also tried to disrobe the informant’s wife and snatches her mangalsutra. It Patna High Court CR. MISC. No.26456 of 2026(2) dt.01-05-2026 2/3 is further alleged that petitioner no. 3 assaulted informant’s wife and bhabhi on stomach with legs. 4. Learned counsel for the petitioners, at the outset, submits that the First Information Report has been lodged after a delay of two days and the petitioners and the informant are own gotias having land dispute. The First Information Report itself indicates that the incident took place on account of a dispute with regard to some construction work in the house and the allegation on petitioner no. 1 is that he assaulted the informant’s aunt, Sita Devi, with an iron rod on her head, however, the injury report, Annexure- P/2 indicates simple injury. So far as petitioner nos. 2 and 3 are concerned, they are female members of the family against whom general allegation of assault have been made. It is, thus, submitted that in the facts of the case Section 109 of the B.N.S would not be attracted. There is case and counter case between the parties. 5. The application for anticipatory bail is opposed by learned A. P.P. for the State. 6. Taking into consideration the facts and circumstances and also considering the delay in the F.I.R coupled with a dispute between the gotias on account of land dispute resulting in simple injury, in the event of their arrest or Patna High Court CR. MISC. No.26456 of 2026(2) dt.01-05-2026 3/3 surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Muffasil P.S. Case No. 233 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. vashudha/- (Soni Shrivastava, J) U T