Pintu Sharma @ Pintu Kumar @ Pintu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79128 of 2025 Arising Out of PS. Case No.-539 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Pintu Sharma @ Pintu Kumar @ Pintu Sahni S/o- Sanjay Sharma Villageward no 9, Mayil PS- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Lalan Kumar, APP For the Informant :

Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-12-2025 Heard learned Advocate for the petitioner and the learned APP for the State as well as learned Advocate for the informant.

2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 539 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. On the fateful day, while the petitioner along with other F.I.R. named accused persons as well as 6-7 unknown persons were forcefully constructing the house over the private land of the petitioner, where the proceeding under Section 144 Cr.P.C. was also going on and when the same was protested by

Patna High Court CR. MISC. No.79128 of 2025(2) dt.16-12-2025 2/3 the informant, the petitioner assaulted the informant by means of Garasa, due to which he sustained a cut injury over his head. There is further allegation against other accused persons of causing assault and threatening of the informant.

4. Learned Advocate for the petitioner submits that both the parties are neighbours and on account of some previous land dispute, they entered into a free fight, resulting into unfortunate injuries. There is a counter version of the present case, being Bidupur P.S. Case No. 542 of 2025, registered against the informant and others. In the aforesaid occurrence, the persons of the petitioner's side also sustained injuries. So far the injury, which is allegedly sustained to the informant is concerned, the same has been found to be simple in nature. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that because of assault caused by the petitioner, the informant sustained serious injury and this fact cannot be ignored that despite the proceeding was going on over the land, in question, the petitioner and others were forcefully constructing the house.

6. Having considered the submissions advanced by

Patna High Court CR. MISC. No.79128 of 2025(2) dt.16-12-2025 3/3 the learned Advocate for the respective parties and taking note of the accusation levelled against the petitioner, qua the simple nature of injury, besides the factum of case and counter case, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 539 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T