IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7475 of 2026 Arising Out of PS. Case No.-7 Year-2025 Thana- SUGAULI District- East Champaran ======================================================

Wakil Kumar @ Wakil Yadav Son of Jaylal Yadav Resident of Village-

Bhatahan Laxmipur, Police Station- Sugauli, District -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Abu Nasar, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 09-02-2026 Heard learned counsel for the petitioner and learned learned APP for the State.

2. The petitioner has prayed for bail in connection with Sugauli P.S. Case No. 07 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 74, 109, 303(2), 352 and 351(2) of B.N.S.

3. The case of the prosecution, in short, is that while the informant was sitting on her door with her husband meanwhile the petitioner along with 17 others arrived and it is alleged that this petitioner has given two farsa blows on the head of the informant’s husband due to which he got unconscious.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the injury report of the injured, namely, Vinod Yadav, it will transpire he has received following injuries.

(i) right hand lacerated wound between right thumb and index finger 2’’ deep muscle involved.

(ii) left hand forearm swelling (2’’ x 2’’)

(iii) left hand forearm abrased wound (½’’ x ½’’ ) clot present.

(iv) multiple abrased wound on scalp just skin (½’’ x ½’’ ).

(v) swelling of head (2’’x 2’’).

The doctor has opined that the injuries are caused by hard and blunt substance. Learned counsel has submitted that there is allegation that petitioner has assaulted twice with farsa on the head of the informant’s husband whereas from perusal of the injury report, it is clear that there is only one injury on his head and that too is superficial measuring ½’’ x ½’’ that can’t be the injuries caused by farsa as farsa is sharp cutting weapon and doctor has opined the injuries are caused by hard and blunt substance. The nature of injury and the allegations do not correlate with each other. There is also a counter version of this case and in that case petitioner’s side has also received injuries.

Learned counsel has also submitted that similarly situated co- accused has been granted bail by this court vide Cr. Misc. No.

89661 of 2025. Petitioner is having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, East Champaran at Motihari in connection with Sugauli (East Champaran) P.S. Case No. 07 of 2025.

(Ashok Kumar Pandey, J)

Shubham/-

U T