Dayalu Maharana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35956 of 2026 Arising Out of PS. Case No.-238 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Dayalu Maharana S/O Late Niranjan Maharana R/O Village- Tanti Bazar, Champa Nagar, P.S- Nath Nagar, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 324, 326,504,506 and 307/34 of the I.P.C.

3. As per the prosecution case, on 23.03.2021, all the accused persons including this petitioner forcibly entered the informant's house and started abusing and assaulting his father. During altercation, they inflicted knife blow on the informant and his father due to which they got injured.

4. Learned counsel for the petitioner submits at the outset that the First Information Report has been lodged after an inordinate delay of 10 days, which has not been explained by the prosecution. Further, the F.I.R. itself indicates that there is a dispute within the family and the petitioner happens to be the maternal uncle of the informant. Further, the allegation of

Patna High Court CR. MISC. No.35956 of 2026(2) dt.08-06-2026 2/2 inflicting knife blow on the left hand of the father of the informant has produced simple injury as would be evident from the injury report annexed at Annexure-2 to the present application and that too is on the non-vital part. Further, the matter has now been compromised between the parties and the compromise petition has also been annexed at Annexure- 3. The petitioner is in custody since 30.01.2026 with no criminal antecedent.

5. Learned APP for the State opposed the bail petition.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the dispute was within the family which has now been compromised coupled with the fact that there is a delay in lodging the FIR and the injury is also simple in nature, let the above named petitioner, be released on bail 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 Judicial Magistrate-1st Class, Bhagalpur/concerned Court below in connection with Nath Nagar P.S. Case No. 238 of 2021.

(Soni Shrivastava, J) Priyanka/Nitu/- U T