Washim RajaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40152 of 2026
                       Arising Out of PS. Case No.-21 Year-2026 Thana- AMDABAD District- Katihar
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           1.     Washim Raja S/O Md. Tullu Hussain R/O Village-Paharpur, PS- Amdabad,
                  Dist- Katihar
           2.     Md. Kashif Raja @ Kasif Raja S/O Md. Tullu Hussain R/O Village-
                  Paharpur, PS- Amdabad, Dist- Katihar
                                                                     ... ... Petitioners
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Amdabad P.S. Case

                   No. 21 of 2026 registered for the offences punishable under

                   Sections 115(2), 118(1), 110, 352, 125(b), 351(3), 351(2) & 3(5)

                   of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. The allegation against the petitioners is to assault the

                   informant and his family members alongwith other co-accused

                   persons causing head and bodily injury. The assault alleged to

                   be caused by using knife, lathi etc.

                             4. Learned counsel appearing on behalf of the petitioners

                   submitted that the occurrence was free-fight in nature, where
Patna High Court CR. MISC. No.40152 of 2026(2) dt.23-06-2026
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          both parties received injury during the occurrence, for which

          petitioners’ side have also lodged a case, which has been

          registered as Amdabad P.S. Case No. 22 of 2026.

                   5. It is submitted that nature of injury not appears

          corroborated with manner of assault, as alleged. It is further

          submitted that upon medical examination, the nature of injury

          was found abrated, which also not supporting the allegation that

          assault was made by using knife and, moreover, upon medical

          examination the nature of injury was found simple. Both

          petitioners claimed clean antecedent.

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

          anticipatory bail of the petitioners.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as occurrence was primarily free-fight in

          nature, where both parties received injury during course of

          occurrence, coupled with the fact that nature of injury, upon

          medical examination, found simple, accordingly, both above-

          named petitioners, who are men of clean antecedent, in the

          event of their arrest/surrender within a period of four weeks

          from this order, are directed to be enlarged on bail on furnishing

          of bail bond of Rs.10,000/- (ten thousand only) with two

          sureties of the like amount each to the satisfaction of learned
           Patna High Court CR. MISC. No.40152 of 2026(2) dt.23-06-2026
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                     C.J.M., Katihar/concerned court in connection with Amdabad

                     P.S. Case No. 21 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