Moti SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38575 of 2026
                     Arising Out of PS. Case No.-63 Year-2026 Thana- PHULWARIA District- Begusarai
                 ======================================================
                 Moti Singh S/O Late Ramkhelawan Singh @ Late Ramkhelaban Singh R/O
                 Village- Shokahra-02, Ward No. 02, Barauni, PS- Phulwaria(Phulwariya),
                 District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sandip Kumar Gautam
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Phulwaria (Phulwariya) P.S. Case No. 63 of 2026 registered for

                   offences under Sections 126(2), 115(2), 109 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner, along

                   with others, assaulted the informant’s son and also the informant

                   with an iron rod and bricks, causing injuries to him, as a result

                   of which the informant became unconscious.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   It is further submitted that the informant is the petitioner’s own

                   brother and there is no specific allegation of assault against the

                   petitioner. It is also submitted that the injury attributed to the
            Patna High Court CR. MISC. No.38575 of 2026(2) dt.17-06-2026
                                                        2/2




                      petitioner has been found to be simple in nature.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, the relationship between the parties and the nature

                      of injury, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Phulwariya @ Phulwaria P.S. Case No. 63 of 2026 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-
U       T