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Patna High CourtCR. MISC./8854/2026partly allowed disposal

Jhuni Sharma @ Jhunnu Sharma @ Jhuna Sharma v. The State Of Bihar

2026-04-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8854 of 2026 Arising Out of PS. Case No.-82 Year-2025 Thana- GOPALPUR District- West Champaran ====================================================== 1.

Jhuni Sharma @ Jhunnu Sharma @ Jhuna Sharma S/O Late Rambelash Sharma R/O Village- Jhakhra, P.S- Gopalpur, Dist.- West Champaran. 2.

Gajendra Sharma @ Bulet Sharma @ Bullet S/O Hira Sharma R/O VillageJhakhra, P.S- Gopalpur, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bashisth Narain Mishra Mr. Sachida Nand Rai Mr.Brij Kishor Mishra For the Opposite Party/state:

Mr.Anish Chandra, APP For the informant :

Mr. Anurag Rishu, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-04-2026

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Gopalpur P.S. Case No. 82 of 2025 dated 29.05.2025 registered under Section 126(2), 115(2), 118(1), 109, 352, 124(1), 351(2), 329(3), 329(4), 303(2), 3(5) of the Bhartiya Nyaya Sanhita 2023.

3. As per the F.I.R. on 26.05.2025 at about 7:30 P.M. while the informant was filling up soil upon earth in his house, the petitioners and other accused persons came with various weapons and acid, started abusing the informant and upon protest the petitioner no. 1 assaulted him with 'Bakhua' (sharp

Patna High Court CR. MISC. No.8854 of 2026(3) dt.27-04-2026 2/3 cutting weapon) due to which his left hand finger sustained cut injury and the petitioner no. 2 hit on the head of the informant by means of 'farsa'.

4. Mr. Bashisth Narain Mishra, learned counsel appearing for the petitioners submits that both the parties are neighbours and there is long standing land dispute between them. A counter case has been lodged by the side of the petitioners against the informant and others bearing Gopalpur P.S. Case No. 81 of 2025 which is prior in time. The side of the petitioners has also sustained injury including the petitioner no. 1 which would be evident from the supplementary affidavit filed by the petitioners. All the accused persons from the informant side have got anticipatory bail by a Coordinate Bench of this court in Cr. Misc No. 68971 of 2025. The injury caused by the petitioner no. 2 to the informant is simple in nature.

5. Mr. Anurag Rishu, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that petitioner no. 1 brutally assaulted the informant by means of sharp cutting weapon due to which his index finger was amputated.

6. Regard being had to the submission made by the parties, taking into consideration the nature of dispute, the fact

Patna High Court CR. MISC. No.8854 of 2026(3) dt.27-04-2026 3/3 that there is land dispute going on between the parties, case and counter case is there and the injury caused by the petitioner no. 2 is simple in nature, accordingly, I am inclined to grant anticipatory bail to the petitioner no. 2.

7. Let the petitioner no. 2 , above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Shri Sarvar Ansari, learned Judicial Magistrate-First Class, Bettiah, District- West Champaran in connection with Gopalpur P.S. Case No. 82 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

8. Insofar the petitioner no. 1 (Jhuni Sharma @ Jhunnu Sharma @ Jhuna Sharma) is concerned, he assaulted the informant by sharp cutting weapon causing amputation of left index finger, accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 1. The same is rejected. (Anil Kumar Sinha, J) praful/- U T