Rajo SharmaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36438 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- PASRAHA District- Khagaria
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           1.     Rajo Sharma S/o Late Bagho Sharma R/o Village - Jhanjhra, PS - Pasraha,
                  District - Khagaria
           2.    Kaushal Kumar S/o Rajo Sharma R/o Village - Jhanjhra, PS - Pasraha,
                 District - Khagaria

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vivekanand Singh, Adv.
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                3. The petitioners are apprehending arrest in

                   connection with Pasraha P.S. Case No. 24 of 2026 lodged on

                   03.02.2026, for the offence punishable under Sections 126(2),

                   115(2), 109(1), 352, 351(2), 351(3) & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

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

                   six named accused persons including the present petitioners. It

                   has been alleged by the informant that all the accused persons
Patna High Court CR. MISC. No.36438 of 2026(2) dt.04-06-2026
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          came and started assaulting the informant by lathi, danda.

          Thereafter, when the informant’s son came to rescue then the

          present petitioners have assaulted him, due to which, injury has

          been caused which are alleged to be grievous in nature.

                       5. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the election dispute was going on

          and it is due to this reason for the same date and place of

          occurrence there are case and counter case filed from both the

          sides and both parties received injury. Counsel submits that

          Pasraha P.S. Case No. 24 of 2026 has been filed later on by the

          informant, whereas, the petitioners’ side have filed Pasraha P.S.

          Case No. 23 of 2026. He submits that the injury report of the

          informant’s son has been annexed as Annexure-2 and from the

          said injury report, it become crystal clear that the injury is

          caused by hard and blunt substance, whereas, the allegation is of

          attack by knife. Counsel further submits that the petitioner no.1

          has one criminal antecedent in which he is on bail and the

          petitioner no.2 has two criminal antecedents and in both the

          cases, he is on bail.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that for the same date
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                       and place of occurrence there are case and counter case filed

                       from both the sides.

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

                       this case considering that there is case and counter case filed

                       from both the sides, therefore, let the above named petitioners

                       be released on 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) each as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of Judicial Magistrate 1st Class, Khagaria in

                       connection with Pasraha P.S. Case No. 24 of 2026, subject to the

                       conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T