Jay Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.925 of 2025 Arising Out of PS. Case No.-287 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Jay Prakash S/O Gaya Mahto R/O Village- Babuawan, P.S- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Mr. Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 127(1), 115(2), 76, 109, 329(3), 303(2), 352 and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that this petitioner, holding sharp cut weapon in his hand, assaulted on the head of one Mukesh Mahto causing cut injury. It is further alleged that this petitioner also assaulted daughter of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. As a matter of fact, both parties are Gotiyas and next door neighbours and due to land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Doctor has

Patna High Court CR. MISC. No.925 of 2025(2) dt.11-02-2025 2/2 found the injuries allegedly caused by this petitioner to be simple in nature. Petitioner claims clean antecedents. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured, case and counter-case between the parties and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 287 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T