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Patna High CourtCR. MISC./65307/2025allowed

Mahesh Sardar v. The State Of Bihar

2025-11-12Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65307 of 2025 Arising Out of PS. Case No.-321 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Mahesh Sardar Son of Shiv Nandan Sardar R/o Village-Charne Ward No 08 P.S-Rajeshwari District-Supaul 2.

Kailash Sardar son of Ramesh Sardar R/o Village-Charne Ward No 08 P.SRajeshwari District-Supaul 3.

Suraj Sardar @ Suraj Kumar son of Mahesh Sardar R/o Village-Charne Ward No 08 P.S-Rajeshwari District-Supaul 4.

Karan Sardar @ Karan Kumar Son of Mahesh Sardar R/o Village-Charne Ward No 08 P.S-Rajeshwari District-Supaul ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Madhav Jha, Advocate For the Opposite Party :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-11-2025 Heard Mr. Madhav Jha, learned Advocate for the petitioners and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Chhatapur P.S. Case No. 321 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioners and others is of having assaulted the informant and his family members resulting into serious injuries to three persons. There is further allegation of snatching of valuables and misbehaving with the

Patna High Court CR. MISC. No.65307 of 2025(3) dt.12-11-2025 2/3 female members of the family.

4. Learned Advocate for the petitioners submitted that both the parties are agnates and next door neighbours and on account of dispute pertaining to demarcation of boundaries of residential land, both of them entered into scuffle resulting into some unfortunate injuries. The informant and others, who have allegedly sustained injuries, the same are found to be simple in nature caused by hard and blunt substance. There is a counter version of the present case being Chhatapur P.S. Case No. 325 of 2023. The petitioners though bear one criminal antecedent and are on bail in that case as instructed by the petitioners.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have brutally assaulted the informant and his family members and there is corresponding injuries as is evident from the injury reports.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the injuries are simple in nature, coupled with the genesis of the occurrence and the factum of case and counter case, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a

Patna High Court CR. MISC. No.65307 of 2025(3) dt.12-11-2025 3/3 period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Supaul, in connection with Chhatapur P.S. Case No. 321 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Pawan/- U T