Raju KharwarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41931 of 2026
                         Arising Out of PS. Case No.-79 Year-2026 Thana- RAJPUR District- Buxar
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           1.     Raju Kharwar, S/o Surendra Kharwar,
           2.    Rohit Kharwar S/o Surendra Kharwar R
           3.    Sunil Kharwar S/o Surendra Kharwar
           4.    Sanjay Kharwar S/o Surendra Kharwar
                 All are resident of Village - Hethua, P.S. - Rajpur, District - Buxar

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dharmendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                       Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Rajpur P.S.

                   Case No.79 of 2026 registered under Sections 103 read with

                   3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).

                                3.     Allegation against petitioners is to commit

                   murder of the son of the informant along with co-accused

                   persons/family members after criminal trespass to the house

                   of the informant, where occurrence alleged to be arising out

                   of previous enmity.
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                       4. It is submitted by learned counsel appearing for

          petitioners that the informant is not the eye witnesses of the

          occurrence of assault, which alleged to be caused by

          petitioners and other co-accused person, who are none but

          the brothers and father of the petitioners. It is further

          submitted that the informant and his wife is also not the eye

          witness of the second subsequent occurrence of assault and

          merely on the basis of suspicion arising out of previous

          enmity, as mentioned in the FIR, the informant implicated

          the petitioners and entire family. It is submitted that the

          other independent witnesses, who said to disclose the

          involvement of these petitioners to the wife of informant

          during the course of investigation, not appears to support

          the version of crime or any statement, which claimed by the

          wife of informant made by them. In support of his

          submission, the learned counsel referred paragraph nos. 10,

          11 and 12 of the case diary.

                       5. Arguing further, it is submitted that considering

          all such aspects, as the basis of implication of these

          petitioners appears only suspicion, one of the co-accused
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          namely, Surendra Kahar @ Surendra Kharwar, who is father

          of these petitioners facing similar allegation was granted

          anticipatory bail by one of the learned co-ordinate Bench of

          this Court through Cr. Misc. No.38097 of 2026 dated

          17.06.2026 and, therefore, as a matter of judicial parity,

          these petitioners also deserve bail, who are men of clean

          antecedent.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submissions and by

          taking note of fact, as implication of these petitioners prima

          facie appears on the basis of suspicion due to previous

          enmity, coupled with the fact that similarly situated co-

          accused person has already granted anticipatory bail by one

          of the learned co-ordinate Bench of this Court, as mentioned

          aforesaid, accordingly, all above-named petitioners, in the

          event of their arrest or surrender in the court below within a

          period of four weeks, are directed to be released on bail on

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

          each with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, Buxar in
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                     connection with Rajpur P.S. Case No.79 of 2026, subject to

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

                     CrPC/under Section 482(2) of the BNSS.


                                                          (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T