Dhandhan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32168 of 2026
                   Arising Out of PS. Case No.-487 Year-2025 Thana- SUGAULI District- East Champaran
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                 Dhandhan Kumar S/o Manjesh Kumar @ Manjesh Sah R/o Village -
                 Phulwariya, P.S - Sugauli, District - East Champaran

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mrs. Tanuja Kumari Mishra, Adv.
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sugauli P.S. Case No. 487 of 2025 lodged on 16.09.2025,

                   for the offence punishable under Sections 115(2), 118(1),

                   127(1), 109, 303(2) & 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

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

                   four named accused persons including the present petitioner. It

                   has been alleged that when the informant and his son were

                   sitting in the shop, then the accused persons armed with

                   weapons came and took away two wheels of motorcycle and

                   four buckets from the shop. It has also been alleged that the

                   petitioner has assaulted the informant by iron rod on his head
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          two times, due to which he badly injured and fell down. When

          the informant’s son came to rescue his father, then one of the

          accused person fired upon the informant’s son, but somehow he

          was saved.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that entire family members have been made accused in

          this case and the actual dispute is otherwise, as the informant

          used to mix petrol which was opposed by the petitioner. Counsel

          submits that the injury report is attached and from the injury

          report, it is clear that the injury is simple in nature. Counsel also

          submits that for the same date and place of occurrence, there are

          case and counter case from both the sides i.e. one case has been

          lodged from the petitioner’s side bearing Sugauli P.S. Case No.

          490 of 2025 and the present case has been lodged from the

          informant’s side bearing Sugauli P.S. Case No. 487 of 2025.

          Counsel further submits that one of the accused person has been

          granted regular bail by the Co-ordinate Bench of this Court vide

          Annexure-P/5. Counsel submits that the present case is

          admittedly a false case which shall be apparent from the

          allegation made in the counter case.

                       5. Learned APP for the State opposes the prayer for
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                       bail of the petitioner but submits that the informant and the

                       petitioner, both are well known to each other and there are case

                       and counter case from both the sides.

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

                       this 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 B.N.S.S., 2023 to the

                       satisfaction of Judicial Magistrate 1st Class, East Champaran,

                       Motihari, in connection with Sugauli P.S. Case No. 487 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