Shankar RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32050 of 2026
                 Arising Out of PS. Case No.-45 Year-2026 Thana- SHAHPUR PATORI District- Samastipur
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                 Shankar Ray S/o Daroga Ray R/o- Tara Dhamuan, P.S - Shahpur Patori,
                 Samastipur, Bihar.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Piyush Kumar Pandey, Adv.
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Shahpur Patori P.S. Case No. 45 of 2026 lodged on

                   17.02.2026, for the offence punishable under Sections 126(2),

                   115(2), 117(2), 109(1), 303(2), 324(4), 352, 351(2) & 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023, pending in the Court of

                   A.C.J.M., Samastipur.

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

                   7 named accused persons including the present petitioner and

                   40-50 unknown persons with allegation that initially on

                   15.02.2026 at night, they have assaulted the informant’s wife

                   and nephew due to which, they sustained injury. On the very
Patna High Court CR. MISC. No.32050 of 2026(2) dt.07-05-2026
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          next day, again accused persons came and damaged the

          household articles of the informant and take away jewellary and

          cash. Upon oppose, the petitioner has assaulted the informant by

          iron rod causing injury on his head due to which, he fell down

          and subsequently, referred to hospital.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that there is a land dispute between the parties and the

          petitioner has been falsely implicated in this case due to enmity.

          He submits that both parties are neighbours and there is also a

          counter case lodged by the petitioner’s side bearing Shahpur

          Patori P.S. Case No. 46 of 2026 against the informant’s side.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that as per the FIR, there is

          specific allegation against the petitioner to assault the informant

          by iron rod on his head, due to which injury has been caused.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner stands rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his
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                       surrender-cum-bail application on the same day, without being

                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T