Premnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6021 of 2026 Arising Out of PS. Case No.-722 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Premnath Prasad S/O Sarju Prasad Resident of Vill-Tandwa, P.S- Siwan Muffasil, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam For the State :

Mr. Akshay Lal Pandit For the informant :

Mr. Abhishek Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2026

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Siwan Mufassil Police Station Case No. 722 of 2025, dated 13.10.2025, disclosing offences punishable under Sections 126(2)/118(1)/109/352 of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 12.10.2025, at about 7:30 AM, while the informant was going to his house, his co-sharer, i.e. the petitioner, assaulted him on his head by means of sword, due to land dispute and by the assault of the petitioner, the

Patna High Court CR. MISC. No.6021 of 2026(3) dt.15-04-2026 2/3 informant sustained injury on his temple.

4. Learned Counsel for the petitioner submits that both the parties are co-sharers and there is admitted land dispute between them, which is evident from the First Information Report itself. She further submits that though there is allegation of assault by means of sword (a sharp cutting weapon), but from the impugned order, it would be evident that the injuries sustained by the informant are caused by hard and blunt substance. There is counter case also inasmuch as Siwan Mufassil Police Station Case No. 723 of 2025 has been lodged by the petitioner against the informant of this case.

5. On the other hand, learned Counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that there is direct allegation of assault upon the petitioner and the informant has sustained grievous injuries on the frontal area of head and left eyebrow, which are vital parts of the bodies.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are co-sharers, there is case and counter case between the parties and the informant has sustained

Patna High Court CR. MISC. No.6021 of 2026(3) dt.15-04-2026 3/3 grievous injuries caused by hard and blunt substance, though there is allegation of assault by sword, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil Police Station Case No. 722 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √