Dewandar Prasad @ Devendra Kumar PatelversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40040 of 2026
                    Arising Out of PS. Case No.-19 Year-2026 Thana- SIDHWALIYA District- Gopalganj
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                 Dewandar Prasad @ Devendra Kumar Patel S/O Shri Shyamdev Prasad R/O
                 Vill.- Gangawa, P.S.- Sidhwaliya, Distt.- Gopalganj
                                                                            ... ... Petitioner
                                                    Versus
                 The State of Bihar Patna
                                                                     ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr.Gyan Prakash, Advocate
                 For the Opposite Party/s :       Mr.Surendra Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Sidhwaliya P.S. Case

                   No. 19 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 303(2), 324(4), 351(3),

                   352 and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. As per FIR, petitioner alongwith other co-accused

                   persons alleged to assault the informant and others by using

                   lathi, rod etc. causing head and bodily injury, having intention to

                   cause their death.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that the occurrence took place in the background of

                   land dispute. It is pointed out that the occurrence was free-fight
Patna High Court CR. MISC. No.40040 of 2026(2) dt.22-06-2026
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          in nature, where both parties received injuries and, therefore, it

          can be safely said that petitioner was not under intention to

          cause death. It is submitted that for same set of occurrence,

          petitioner has also lodged a case against the informant and

          others, which is registered as Sidhwaliya P.S. Case No. 20/2026.

                   5. Arguing further, it is submitted by learned counsel that

          FIR clearly suggest that the allegation as to cause physical

          assault is not available against the petitioner, rather he was only

          instigated the other co-accused persons during course of

          occurrence as to assault the informant and others. Petitioner

          claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail of the petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as prima facie occurrence appears free-

          fight in nature where both parties received injury, coupled with

          the fact that allegation of physical assault appears not available

          against this petitioner, who is a man of clean antecedent,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this order, is

          directed to be enlarged on bail on furnishing of bail bond of

          Rs.10,000/- (ten thousand only) with two sureties of the like
           Patna High Court CR. MISC. No.40040 of 2026(2) dt.22-06-2026
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                     amount each to the satisfaction of learned Additional Chief

                     Judicial Magistrate-V, Gopalganj/concerned court in connection

                     with Sidhwaliya P.S. Case No. 19 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T