Deshbandhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34067 of 2026 Arising Out of PS. Case No.-751 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Deshbandhu Sharma S/o Ashok Sharma R/o Village- Madhopur Malahi Tola, ward no. 5, P.S.- Majhauliya, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 18-05-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Majhauliya P.S. Case No. 751 of 2025 registered under Sections 751, 126(2), 115(2), 117(2), 118(2), 109(1), 74, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution story which, has been lodged on the basis of fardbeyan given by the informant on 25.10.2025 at Male Surgical Ward, G.M.C.H. Bettiah for an occurrence, which is alleged to have taken place on 23.10.2025 to the effect that the accused persons including the petitioner started assaulting the informant with Lathi, Danda, Iron Rod, Bakhua and axe. It is alleged that the petitioner assaulted the informant on his head with Tangi due to which, he suffered injury. The co-accused

Patna High Court CR. MISC. No.34067 of 2026(2) dt.18-05-2026 2/3 Ashok Sharma assaulted the informant on his neck with a rod and other co-accused also assaulted the informant and his family members.

3. Learned counsel for the petitioner submits that there is case and counter case in between the parties. The co-accused Ashok Sharma, who is the father of the petitioner filed a case being Majhaulia P.S. Case No. 752 of 2025 on 1.11.2025 against other persons for committing the offence under different sections of the B.N.S. He further submits that the petitioner is innocent and the occurrence has taken place due to sudden provocation and there was a free-fight in between both the parties. Both sides have suffered grievous injuries. He further, submits that the petitioner has got a clean antecedent.

4. The Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner had assaulted the informant on his head due to which, he suffered grievous injury.

5. Having heard the learned counsel for the parties and after going through the records, it appears that the petitioner assaulted the informant on his head due to which, he suffered grievous injuries on his head and that has come during course of investigation and the same has been recorded by the Court of

Patna High Court CR. MISC. No.34067 of 2026(2) dt.18-05-2026 3/3 learned District and Additional Sessions Judge-VIII, West Champaran, Bettiah, while rejecting the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts that the petitioner assaulted the informant on his head, due to which he suffered grievous injuries, the anticipatory bail petition of the petitioner is rejected.

(Ritesh Kumar, J) A.K.V.//- U T