Sudish MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23735 of 2026
                    Arising Out of PS. Case No.-26 Year-2026 Thana- SIDHWALIYA District- Gopalganj
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                 Sudish Mahto S/O Sattan Mahto R/O Village- Salempur, P.S.- Sidhwaliya,
                 District- Gopalganj.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam, 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 Sidhwaliya P.S. Case No. 26 of 2026 lodged on

                   01.02.2026, for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 351(3), 352, 74, 76, 303(2) & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

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

                   six named accused persons including the present petitioner. The

                   specific allegation against the present petitioner is that he has

                   assaulted the informant by farsa due to which head injury has

                   been caused.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23735 of 2026(3) dt.03-06-2026
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          petitioner is innocent and has committed no offence. Counsel

          submits that the informant and the petitioner are agnates and the

          father of the petitioner is full brother of the informant. He

          submits that from the contents of the FIR, it become crystal

          clear that the dispute taken place between the parties with regard

          to flowing of drainage water (nala water) on the vacated land

          between both the parties’ house. He submits that the petitioner

          has clean antecedent and the allegation of assault by farsa on

          the head of the informant is also false. He submits that on the

          previous occasion, the Co-ordinate Bench of this Court has

          called for injury report of the informant and upon perusal of the

          injury report of the informant namely, Bachan Mahto, it has

          been found that the injury is simple in nature caused by hard and

          blunt substance.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. It transpires to this Court that farsa is a sharp

          cutting weapon and the present dispute is between the agnates

          with regard to flow of drainage water (nala water) on the

          vacated land between both the parties’ house.

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

          this case considering the clean antecedent of the petitioner as
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                       well as other aspects, 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

                       A.C.J.M.-V, Gopalganj, in connection with Sidhwaliya P.S. Case

                       No. 26 of 2026, subject to the conditions as laid down U/s

                       482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T