Prabhakar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2958 of 2026 Arising Out of PS. Case No.-253 Year-2025 Thana- KHAIRA District- Jamui ====================================================== Prabhakar Sharma Son of Dilip Sharma R/o Village - Khaira, P.S. - Khaira, Dist. - Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Ms. Pushpa Sinha, Advocate Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Khaira P.S. Case no.253 of 2025 registered under section 126(2), 115(2), 118(1), 109(1), 352, 351(2), 303(2), 74 and 3(5) of B.N.S, 2023.

3. Allegations in the F.I.R is that petitioner entered into the shop of the informant armed with an iron rod and assaulted the informant.

4. Learned counsel for the petitioner submits at the outset that the petitioner and the informant are relatives and it would be apparent from the F.I.R itself that the petitioner had engaged in assault on account of some domestic dispute as such

Patna High Court CR. MISC. No.2958 of 2026(2) dt.28-01-2026 2/2 offence under Section 109 of B.N.S would not be attracted. There is case and counter case. Learned counsel referring to the bail rejection order submits that injuries are simple in nature caused by hard and blunt object. The petitioner has no criminal antecedent and undertakes to co-operate in case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that occurrence took place on some domestic dispute resulting in simple injuries in the background of case and counter case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khaira P.S. Case no.253 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 concerned where the case is pending/successor Court, 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. (Soni Shrivastava, J) Harsh/- U T