Jitendra Chauhan @ JitendraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23893 of 2026
                      Arising Out of PS. Case No.-578 Year-2025 Thana- KATEYA District- Gopalganj
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                 Jitendra Chauhan @ Jitendra Son of Runa Chauhan @ Runa Resident of
                 Village- Parsauni, P.S.- Kateya, District- Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
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                 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 Kateya P.S. Case No. 578 of 2025, dated 14.10.2025,

                   lodged under Sections 126(2), 118(1), 115(2), 109, 303(2), 74

                   and 352 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter

                   referred to as “BNS, 2023”).

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

                   against eight named accused persons, including the present

                   petitioner. The specific allegation against the present petitioner,

                   along with one Dharmendra Chauhan, is that they touched the

                   daughter of the informant with bad intention and further
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          assaulted the informant, namely, Manbhawati Devi, with a lathi

          on her head, due to which she sustained injuries.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the husband of the informant and the father

          of the petitioner are full brothers, they are basically agnates, and

          due to a land dispute, several cases have been instituted between

          the agnates, for which FIRs have also been lodged on earlier

          occasions. Counsel further submits that the criminal antecedent

          of the petitioner is not clean, as the same informant has filed

          two criminal cases against the petitioner, and in both cases he is

          on bail. In addition to that, there is one more criminal case

          pending against the petitioner in which he is also on bail.

          Counsel further submits that, with respect to the same date and

          place of occurrence, case and counter-case have been filed by

          both the petitioner and the informant side, which have been

          annexed as Annexures 1 and 2 to the present bail application.

          Counsel further submits that, on the earlier occasion, this

          Hon’ble Court was pleased to call for the case diary along with

          the injury report with a view to verify the injury allegedly

          caused to the informant by the petitioner and one other co-

          accused, namely, Dharmendra Chauhan. Counsel further
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          submits that it is a family dispute, and due to the land dispute,

          scuffles used to take place.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the case diary has been

          called for, in which the injury report has been attached.

                       7. Upon perusal of the injury report of Manbhawati

          Devi (informant), it transpires to this Court that there are three

          injuries. The first injury is a lacerated wound on the forehead,

          the second injury is back pain, and the third injury is abdominal

          pain. All three injuries are simple in nature, whereas the

          allegation against the present petitioner is of assault by a farsa.

          A farsa ordinarily causes a sharp-cut injury and not a lacerated

          wound. Upon perusal of the FIR, it transpires that injuries were

          sustained by both parties, and the injury report does not

          correspond with the allegation made in the FIR.

                       8. Considering the facts and circumstances of the

          present case, let the above-named petitioner be released on

          anticipatory 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 BNSS, 2023 to the

          satisfaction of A.C.J.M-VIth, Gopalganj in connection with
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                    Kateya P.S. Case No. 578 of 2025, subject to the conditions as

                    laid down U/s 482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T