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2026 Supreme(Online)(Pat) 2897

PATNA HIGH COURT
HARISH KUMAR, J
Samodhi Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.66688 of 2025



Advocates:
For the Appellants/Petitioners: Md. Javed Jafar Khan
For the Respondents: Mr. Binod Kumar

Bail granted due to the nature of injuries being simple and circumstances surrounding the case.

Headnote:This case relates to an application for bail in a criminal matter concerning an assault under multiple sections of the BNS. The facts indicate a land dispute leading to a physical altercation, resulting in minor injuries. The court's analysis hinged on the nature of injuries and the context of delay in filing the FIR. The main issues included the grounds for bail and the seriousness of injuries. The court found the injuries to be simple and, considering the petitioner’s circumstances, granted bail under specific conditions.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 21-01-2026 Heard learned Advocate for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chhakarbandha P.S. Case No.02 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 126, 115(2), 118, 117, 352, 303(2), 351 (2-4) of the BNS .

3. In the evening of the fateful day, while the informant was sweeping in front of her door, the same was resisted by the accused persons, whereupon the parties started abusing to each other. In the meanwhile, when the husband of the informant came to her rescue, the petitioner assaulted the informant’s husband by means of iron rod due to which his hand was broken and also sustained injury in his head. The son of the petitioner along with his wife also assaulted the informant and others, besides, there is allegation of snatching of rupees one lakh.

4. Learned Advocate for the petitioner submitted that the present case is nothing but a counter blast to Chhakarbandha P.S. Case No. 1 of 2025, which has been instituted by the person of the petitioner’s side. The entire prosecution case falls to the ground for the simple reason that all the injuries which are allegedly sustained to the informant’s husband and his brother are found to be simple in nature. To support the aforesaid contention, attention of this Court has been drawn to the injury report as well as the supplementary injury report. The reason behind the said occurrence is said to be a land dispute. The petitioner bears one criminal antecedent; however he is on bail in the said case.

5. On the other hand, learned Advocate for the State, vehemently opposed the bail application and submitted that because of the assault being made by the petitioner, the informant’s husband and others have sustained serious injuries.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the delay in lodging of the FIR, coupled with the simple nature of injuries, besides the genesis of the occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Chhakarbandha P.S. Case No.02 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

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