Sujeet KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23693 of 2026
                       Arising Out of PS. Case No.-729 Year-2025 Thana- HISUWA District- Nawada
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                 Sujeet Kumar S/O Rajeshwar Prasad R/O Village-Manwan, PS- Hisua,
                 District- Nawadah
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Hisua P.S. Case no. 729 of 2025 lodged on 27.12.2025, for

                   the offence punishable under Sections 126(2), 115(2), 109, 352,

                   351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.

                                4. As per the prosecution, FIR has been lodged against

                   08 named accused persons including the present petitioner. It

                   has been alleged by the informant that the accused Om Prakash

                   Verma and the petitioner have assaulted him by means of bricks,

                   due to which, injury has been caused and against other accused

                   persons, there is general and omnibus allegation. The cause of

                   dispute is that the informant was constructing the boundary with
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          a view to save tree and the accused persons stopped him for the

          same due to which the dispute occurred between them.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the informant and the petitioner are adjacent

          neighbours and for the same date and place of occurrence, there

          are case and counter case filed from both the sides i.e. one case

          has been lodged from the petitioner’s side bearing Hisua P.S.

          Case No. 728 of 2025 and the present case has been lodged

          from the informant’s side bearing Hisua P.S. Case no. 729 of

          2025. He submits that the informant was encroaching the land

          of Railway on which a Gambhar tree situated which was

          requested by the petitioner’s side for not to do the same and for

          the purpose of stopping the encroachment on the public land,

          scuffling started from both the sides resulted into injury to both

          the sides. Counsel submits that as per the fardbayan lodged by

          the petitioner’s side, it become crystal clear that the informant

          received injury not by the petitioner’s side, rather, villagers

          came then the informant fell down and received injury on his

          head. He further submits that the petitioner has clean

          antecedent.

                       6. Learned APP for the State opposes the prayer for
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                       bail of the petitioner and submits that on the previous occasion,

                       case diary along with injury report have been called for. Upon

                       perusal of the injury report, it has been found that expect head

                       injury, rest injuries are simple in nature.

                                    7. As such, in the present facts and circumstances of

                       this case considering that the head injury has been caused to the

                       informant not by the petitioner, rather, he fell down at the place

                       of occurrence, therefore, let the above named petitioner be

                       released on bail, in the event of arrest or surrender before the

                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of Chief Judicial Magistrate, Nawada, in connection

                       with Hisua P.S. Case no. 729 of 2025, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                        (Dr. Anshuman, J)
Divyansh/-

U      T