Paras SahaniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40825 of 2026
                       Arising Out of PS. Case No.-436 Year-2025 Thana- MAHNAR District- Vaishali
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                 Paras Sahani S/O Bahadur Sahani Resident Of Village - Bhatgama, P.o-
                 Gorigama, P.s- Manhar, Dist.- Vaishali At Hajipur
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Sachin Kumar
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari
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                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and apprehending

                   his arrest in connection with Mahnar P.S. Case No. 436/2025

                   registered for the offences punishable under Sections 126(2), 115(2),

                   117(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the BNS.

                                3. As per FIR, petitioner alleged to open firing upon

                   husband of the informant, which could not hit him, where after,

                   petitioner alleged to assault the husband of informant by using the

                   butt of the pistol as a result of which teeth of the husband of

                   informant got dislocated.

                                4. It is submitted by learned counsel appearing on behalf

                   of the petitioner that informant was in enmical terms with this

                   petitioner as earlier two criminal cases were lodged by family

                   members of the brother-in-law of the informant. It is submitted that

                   out of property dispute present occurrence took place, where

                   petitioner also received serious injuries for which a separate case has
               Patna High Court CR. MISC. No.40825 of 2026(2) dt.24-06-2026
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                         been lodged, which has been registered as Mahnar P.S. Case No.

                         400/2025 lodged by petitioner’s side. It is submitted that allegation of

                         miss fire is just to aggravate the allegation and also the allegation to

                         assault by butt of pistol. It is pointed out that in fact husband of

                         informant received injuries during scuffling resulting in dislocation

                         of teeth. Petitioner found involved in two cases, where he is on bail.

                                      5. Learned APP while opposing the prayer of bail

                         submitted that allegation of assault is specifically available against

                         this petitioner and due to broken lower incisor teeth injury as alleged

                         to be caused by this petitioner was opined as grievous in nature.

                                       6. In view of aforesaid factual submission and by taking

                         note of fact as occurrence prima-facie appears free fight in nature,

                         where alleged assault was made by butt of the pistol prima-facie

                         negating intention to cause death, accordingly petitioner above-

                         named, in the event of his arrest or surrender before the court below

                         within a period of four weeks, is directed to be released on bail,

                         furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

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

                         CJM, Vaishali at Hajipur/concerned Court, where the case is pending

                         in connection with Mahnar P.S. Case No. 436/2025, subject to the

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


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T