BAIJNATH THAKURversusTHE STATE OF BIHAR

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.20667 of 2024
                       Arising Out of PS. Case No.-236 Year-2023 Thana- JANDAHA District- Vaishali
                  ======================================================
                  Baijnath Thakur S/O- Late Kailash Thakur R/O- Village- Sherpur, P.S.-
                  Jandaha, Dist.- Vaishali.                            ... ... Petitioner/S
                                                 Versus
                  The State Of Bihar.                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Dilip Kumar Roy, Advocate
                  For the Opposite Party/s :       Mr.Shailendra Kumar Singh, APP
                  For the Informant        :       Mr. Hemant Kumar, Advocate
                                                   Mr. Devendra Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

10   28-01-2026                  Heard learned counsel appearing on behalf of the

                    petitioner, learned Additional Public Prosecutor appearing on

                    behalf of the State and learned counsel appearing on behalf of the

                    informant.

                                  2. The accused/petitioner apprehending his arrest in

                    connection with Jandaha P.S. Case No. 236 of 2023 registered for

                    the offences punishable under Sections 341, 323, 324, 354, 307,

                    379/34 of the Indian Penal Code.

                                 3. As per FIR, petitioner and other co-accused persons

                    assaulted informant, where petitioner alleged to assault informant

                    on her head by using farsa.

                                 4. It is submitted by learned counsel appearing on

                    behalf of the petitioner that occurrence was free fight in nature

                    and, therefore, intention to cause death not appears convincing on
Patna High Court CR. MISC. No.20667 of 2024(10) dt.28-01-2026
                                            2/3




          its face. It is submitted that for the same set of occurrence

          petitioner’s side also lodged a case, which was registered as

          Jandaha P.S. Case No. 321 of 2022 dated 28.10.2022. It is

          submitted that petitioner received grievous injury during the

          occurrence.

                       5. Arguing further, it is submitted that the nature of

          injury, upon its final scrutiny was opined as simple in nature by

          doctor, which further suggest that petitioner was not under

          intention to cause death. It is submitted that considering all such

          aspects, the investigating officer submitted closure report qua

          allegation as raised for intention to cause death and same was also

          accepted by learned Jurisdictional Magistrate but as the allegation

          for the offence punishable under Section 324 of the IPC and the

          allegation of Section 379 of the IPC qua snatching of chain for cost

          of Rs. 48,000/- are available, the prayer of anticipatory bail of the

          petitioner was rejected.

                       6. Learned APP, duly assisted by learned counsel Mr.

          Hemant Kumar, appearing on behalf of the informant, while

          opposing the prayer of bail could not disputed the aforesaid factual

          submission, however, it is pointed out by learned counsel

          appearing for the informant that there is a single injury found upon

          forehead of the informant, which is of incised in nature, prima
              Patna High Court CR. MISC. No.20667 of 2024(10) dt.28-01-2026
                                                          3/3




                        facie appears corroborating the nature of weapon, which alleged to

                        cause such injury i.e. farsa a sharp-edged cut weapon.

                                     7. In view of aforesaid factual submissions and by

                        taking note of fact as the nature of injury upon medical

                        examination of the informant/injured found simple in nature

                        coupled with the fact that occurrence prima facie appears free fight

                        in nature, where both parties received injuries, accordingly, above

                        named petitioner, in the event of his arrest or surrender before the

                        learned trial Court, within a period of four weeks of the order, is

                        directed to be released on bail furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount each

                        to the satisfaction of the learned Sessions Judge, Vaishali at

                        Hajipur/concerned Court, where the case is pending in connection

                        with Jandaha P.S. Case No. 236 of 2023 subject to the conditions

                        as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T