Ramesh Patel @ Ramesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31798 of 2026
                 Arising Out of PS. Case No.-381 Year-2025 Thana- MADHUBAN District- East Champaran
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           1.     Ramesh Patel @ Ramesh Kumar S/o Rajdeo Patel @ Rajdev Patel @ Rajdeo
                  Patel R/o vill - Bhelwa, P.s.- Madhuban, Dist.- East Champaran
           2.    Sobhan Paswan @ Sobhan Kumar S/o Sukha Paswan R/o vill - Bhelwa, P.s.-
                 Madhuban, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Anil Kumar, Advocate
                 For the State          :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   17-06-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Madhuban P.S. Case No. 381 of 2025 for allegedly having

                   committed offences under Sections 191(2), 126(2), 115(2), 109,

                   118(1), 303(2), 352, 351(2) and 351(3) of B.N.S., 2023.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to

                   the effect that on the date of occurrence, he was called by his

                   villager, Anil Sahani at Durga Mandir. When the informant

                   reached there, all the accused persons, named in the First

                   Information Report, including the petitioners surrounded him
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          and started abusing him. Upon the protest made by the

          informant, the petitioner no.2 wrapped a Gamchha around his

          neck and tried to kill him. The petitioner no.1 assaulted the

          informant with a dagger/knife indiscriminately, which resulted

          in severe injuries on his body.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have not committed any

          offence. He submits that as per the First Information Report, the

          allegation against the petitioner no.2 is of wrapping a Gamchha

          around the neck of the informant, due to which he fell down. He

          further submits that the occurrence is of 08.10.2025, but the

          present First Information Report has been lodged on 16.10.2025

          and there is no explanation for the delay in lodging the First

          Information Report. He further submits that the informant

          sustained injuries on 08.10.2025, however neither the informant

          nor his family members informed the police and the First

          Information Report has been lodged after eight days.

                       5. Per Contra, the learned APP appearing on behalf of

          the state opposes the prayer for anticipatory bail of the

          petitioners and submits that petitioner no.1 gave repeated blow

          of knife/dagger upon the informant.

                       6. Having considered the rival submissions and after
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          going through the records as well as the case diary, which is on

          record, it appears that specific allegation of giving knife/dagger

          blow is upon petitioner no.1. From the injury report, which is in

          the case diary, it would transpire that although the injuries have

          been found to be simple in nature by the treating doctor,

          however multiple stab wounds were found on the chest of the

          informant. The doctor has found the injuries to be caused by

          sharp cutting object. From the materials available in the case

          diary as well as in the injury report, it will transpire that

          petitioner no.1 gave repeated blow on the chest of the informant

          and, therefore this court is not inclined to grant the privilege of

          anticipatory bail to petitioner no.1.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioner no.1 is hereby rejected.

                       8. So far the petitioner no.2 is concerned, there is no

          specific allegation against the petitioner no.2 and the injuries do

          not corroborate the allegation of assault made against the

          petitioner no.2, therefore let the petitioner no.2, above-named,

          in the event of his arrest or surrender within a period of six

          weeks, be released on bail on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Additional Chief
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                         Judicial Magistrate, Motihari, District East Champaran in

                         connection with Madhuban P.S. Case No.381 of 2025, subject to

                         the conditions laid down under Section 482(2) of the B.N.S.S

                         with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner no.2 and in case at any stage it is

                         found that the petitioner no.2 has concealed his criminal

                         antecedent, the court concerned shall take steps for cancellation

                         of his bail bond. However, the acceptance of bail bond in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T