Abhijeet Ojha @ Abhijit Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29112 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Abhijeet Ojha @ Abhijit Kumar Ojha, S/o- Chaturbhuj Ojha, R/o VillageDeokuli Kothiya PS- Brahmpur Distt- Buxar. 2.

Chaturbhuj Ojha, S/o- Late Rajeshwar Ojha, Village- Deokuli Kothiya P.S.- Brahmpur Distt- Buxar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rang Nath Choubey, Advocate For the State :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Brahmpur PS. Case No-25 of 2025, registered for the offences punishable under Sections 352, 333, 74, 115(2), 109(1), 3(5) of the B.N.S., 2023.

3. The prosecution case as emerging from the FIR is that the informant and the petitioners are next door neighbours and on account of land dispute altercation took place in which both the sides suffered injury leading to case and counter case.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.29112 of 2025(2) dt.14-05-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that altercation took place on account of land dispute and both the sides sustained injury leading to case and counter case. The counter case filed by the petitioner side is Brahmpur P.S. Case No. 26 of 2025 dated 18.02.2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, particularly the case and counter case and injury on both sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Brahmpur PS. Case No-25 of 2025, subject to the

Patna High Court CR. MISC. No.29112 of 2025(2) dt.14-05-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T