Harun Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 74266 of 2025 Arising Out of PS. Case No.-676 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== 1.
Harun Gaddi S/o Enal Gaddi @ Inal Gadi @ Inal @ Inal Gaddi R/o VillagePachmawa, P.S.- Shikarpur, District- West Champaran 2.
Israfil Gaddi @ Md Isarafil Gadi S/o Enal Gaddi @ Inal Gadi @ Inal Gaddi R/o Village- Pachmawa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE HARISH KUMAR ORAL ORDER 24-11-2025 Heard Mr Vasishta Narayan Mishra, learned Advocate for the petitioners and Mr Nagendra Prasad, learned Advocate for the State.
2 The petitioners are apprehending their arrest in connection with Shikarpur PS Case No 676 of 2025 registered for the offence punishable under Sections 126 (2), 115 (2), 118 (1), 109, 352, and 3 (5) of Bharatiya Nyaya Sanhita, 2023. 3 Allegedly, on the fateful day on account of a dispute, arisen due to irrigation of plants, all the FIR named accused persons including the petitioners came at the field and started abusing. When the protest was made, it is specifically alleged that petitioner No 1 gave farsa blow over the head of
Patna High Court CR. MISC. No.74266 of 2025(2) dt.24-11-2025 2/3 Afroz Gaddi whereas petitioner No 2 assaulted the uncle of the informant by means of iron rod. There is further allegation against other co-accused persons of causing assault to other family members of the informant leading to serious injuries. 4 Learned Advocate for the petitioners submits that the genesis of the occurrence is a land dispute, due to which both the parties have entered into a free fight leading to injuries on persons of both the sides and institution of case and counter case bearing Shikarpur PS Case No 677 of 2025. On account of the aforenoted incidence, the persons of both sides have sustained injuries and one of the persons of both side have sustained grievous injury.
So far as the injuries sustained to the persons of the informant side is concerned, all have been found to be simple in nature except one which has been inflicted to the informant. However, the same is found over his hand which is a non-vital part. The petitioners are men of fair antecedent and they undertake that they will not indulge in such incident in future. Now good sense has prevailed and both the parties have decided not to continue with the litigation.
5 On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that there is specific allegation against these two petitioners of causing
Patna High Court CR. MISC. No.74266 of 2025(2) dt.24-11-2025 3/3 assault leading to serious injuries.
6 Regard being had to the submission advanced on behalf of the respective parties and considering the factum of case and counter case coupled with the nature of injury which is on non-vital part besides the fair antecedent, let the petitioners, in the event of their arrest/surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Bettiah, West Champaran in Shikarpur PS Case No 676 of 2025 subject to all conditions as laid down in Section 482 of the BNSS 2023.
(Harish Kumar, J) M.E.H./- U T