Prabhu Prasad @ Prabhu Prasad KushwahaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33339 of 2026
                   Arising Out of PS. Case No.-51 Year-2026 Thana- MUFFASIL District- West Champaran
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           1.     Prabhu Prasad @ Prabhu Prasad Kushwaha, S/o Late Ramlakhan Prasad @
                  Ramlakhan Prasad Kushwaha R/o vill - Mahnagni, Ward no. 10, P.S.-
                  Bettiah (Mufasil), Distt.- West Champaran
           2.     Fulmati Devi W/o Late Ramlakhan Prasad @ Ramlakhan Prasad Kushwaha
                  R/o vill - Mahnagni, Ward No. 10, P.S.- Bettiah (Mufasil), Distt.- West
                  Champaran
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
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                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   14-05-2026                       Heard the parties.

                                2.      The petitioners apprehend their arrest in

                   connection with Bettiah Muffasil P. S. Case No. 51 of 2026

                   registered for the offences punishable under Sections 115(2),

                   126(2). 109(1), 303(2), 351(2), 352 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   both the parties are agnates and in fact on the day of alleged

                   occurrence from petitioners' side, a construction work relating to

                   a stair-case carried out due to which an altercation took place in

                   between both the parties, in which both sides sustained injuries

                   and the petitioner no. 1 himself was one of the injured and he

                   remained under treatment between 14.01.2026 to 17.01.2026
Patna High Court CR. MISC. No.33339 of 2026(2) dt.14-05-2026
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          and in this regard his discharge receipt has been filed with this

          petition. Learned counsel further submits that as per the

          allegation, the petitioner no.1 inflicted a farsa blow on the head

          of the informant, Rupesh Kumar but no corresponding injury to

          the head of the informant corroborating the allegation of use of

          farsa was found and the injuries found on his person were

          opined to have been caused by hard and blunt object and were

          found to be simple in nature. It is further submitted that against

          the petitioner no. 2 who is 76 year old lady, there is no serious

          allegation and she simply caught hold of the informant during

          the course of occurrence as alleged. It is lastly submitted that

          one co-accused namely, Sobha Devi carrying serious allegation

          as to causing fracture injury to the informant's mother has been

          granted anticipatory bail by the coordinate Bench of this court

          vide order dated 13.05.2026 passed in Cr. Misc. No. 33024 of

          2026. It is further submitted that the alleged occurrence was not

          pre-planned and there is case and counter case in between both

          the parties.

                       4. Learned APP for the State opposes the bail prayer

          of the petitioners and submits that against the petitioner no.1

          there is serious allegation and he used sharp weapon to cause

          injury on the vital part of the informant.
              Patna High Court CR. MISC. No.33339 of 2026(2) dt.14-05-2026
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                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions and the nature of the injury sustained by the

                        informant, coupled with the nature of allegation appearing

                        against the petitioner no.1 as well as the genesis of the

                        occurrence as stated above, this court is inclined to grant the

                        relief of anticipatory bail to the petitioners. Accordingly, let the

                        petitioners named-above, in the event of their arrest/surrender

                        before the learned court below within a period of six weeks

                        from today, be released on anticipatory bail in connection with

                        Bettiah Muffasil P. S. Case No. 51 of 2026 on furnishing bail

                        bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two

                        sureties of the like amount each to the satisfaction of the Court

                        concerned, subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T