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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20667 of 2024

Arising Out of PS. Case No.-236 Year-2023 Thana- JANDAHA District- Vaishali

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Baijnath Thakur S/O- Late Kailash Thakur R/O- Village- Sherpur, P.S.-

Jandaha, Dist.- Vaishali. ... ... Petitioner/S

Versus

The State Of Bihar. ... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Dilip Kumar Roy, Advocate

For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP

For the Informant : Mr. Hemant Kumar, Advocate

Mr. Devendra Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

10 28-01-2026 Heard learned counsel appearing on behalf of the

petitioner, learned Additional Public Prosecutor appearing on

behalf of the State and learned counsel appearing on behalf of the

informant.

2. The accused/petitioner apprehending his arrest in

connection with Jandaha P.S. Case No. 236 of 2023 registered for

the offences punishable under Sections 341, 323, 324, 354, 307,

379/34 of the Indian Penal Code.

3. As per FIR, petitioner and other co-accused persons

assaulted informant, where petitioner alleged to assault informant

on her head by using farsa.

4. It is submitted by learned counsel appearing on

behalf of the petitioner that occurrence was free fight in nature

and, therefore, intention to cause death not appears convincing on

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its face. It is submitted that for the same set of occurrence

petitioner’s side also lodged a case, which was registered as

Jandaha P.S. Case No. 321 of 2022 dated 28.10.2022. It is

submitted that petitioner received grievous injury during the

occurrence.

5. Arguing further, it is submitted that the nature of

injury, upon its final scrutiny was opined as simple in nature by

doctor, which further suggest that petitioner was not under

intention to cause death. It is submitted that considering all such

aspects, the investigating ofÏcer submitted closure report qua

allegation as raised for intention to cause death and same was also

accepted by learned Jurisdictional Magistrate but as the allegation

for the offence punishable under Section 324 of the IPC and the

allegation of Section 379 of the IPC qua snatching of chain for cost

of Rs. 48,000/- are available, the prayer of anticipatory bail of the

petitioner was rejected.

6. Learned APP, duly assisted by learned counsel Mr.

Hemant Kumar, appearing on behalf of the informant, while

opposing the prayer of bail could not disputed the aforesaid factual

submission, however, it is pointed out by learned counsel

appearing for the informant that there is a single injury found upon

forehead of the informant, which is of incised in nature, prima

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facie appears corroborating the nature of weapon, which alleged to

cause such injury i.e. farsa a sharp-edged cut weapon.

7. In view of aforesaid factual submissions and by

taking note of fact as the nature of injury upon medical

examination of the informant/injured found simple in nature

coupled with the fact that occurrence prima facie appears free fight

in nature, where both parties received injuries, accordingly, above

named petitioner, in the event of his arrest or surrender before the

learned trial Court, within a period of four weeks of the order, is

directed to be released on bail furnishing bail bond of Rs. 10,000/-

(Rupees Ten Thousand) with two sureties of the like amount each

to the satisfaction of the learned Sessions Judge, Vaishali at

Hajipur/concerned Court, where the case is pending in connection

with Jandaha P.S. Case No. 236 of 2023 subject to the conditions

as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J)

veena/-

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