Ajay kumar @ Lakhan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6431 of 2026
                      Arising Out of PS. Case No.-78 Year-2020 Thana- DUMARIAGHAT District- East
                                                        Champaran
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           1.     Ajay kumar @ Lakhan Kumar son of Jattu Pandit @ Singhasan Sahni
                  Resident of village - Sarotar, Ps- Dumariyaghat, Dist- East Champaran
           2.     Basant Kumar son of Mohan Sahani Resident of village - Sarotar, Ps-
                  Dumariyaghat, Dist- East Champaran
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsha Shaswat, Advocate
                 For the Opposite Party/s :       Mrs. Rina Sinha, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   12-05-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners have prayed for regular bail in a case

                   registered for the offence punishable under sections 447, 341,

                   323, 324, 325, 307, 379, 506, 147, 148 and 149 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. The case of the prosecution is that one Virappan

                   Sahani and the petitioner, namely, Ajay Sahani assaulted the

                   informant with iron rod due to which his leg and hand got

                   fractured. It is specifically alleged against both the petitioners that

                   they assaulted him with farsa on his head due to which he

                   received bleeding head injury.

                                 4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.6431 of 2026(4) dt.12-05-2026
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          petitioners are innocent and have committed no offence. Learned

          counsel for the petitioners has submitted that according to FIR,

          the date of occurrence is 08.05.2020 whereas the FIR was lodged

          on 10.05.2020. From perusal of the injury report of the Nand

          Kumar (informant), it transpires that he has received following

          injuries:- (i) swelling and tenderness of size 8’’ x 4’’ on posterior

          surface of left hand (ii) lacerated wound of size 2’’ x ½’’ on vertex

          of skull (iii) swelling and tenderness of size 2’’ x 1’’ on right

          shoulder (iv) swelling and tenderness of size 1 ½’’ x 1’’ on left

          calf muscle. Learned counsel for the petitioners has submitted

          that from perusal of the injury report of the informant, it is clear

          that there is no injury on his head and the nature of injuries as

          opined by the doctor is simple caused by hard and blunt substance

          whereas the allegation against the petitioners is that they have

          assaulted him on his head with farsa. Earlier, the case was filed

          under Section 307 of IPC but later on, when the informant died,

          the case was filed under Section 302 of IPC. Learned counsel has

          further submitted that from perusal of the postmortem report, it

          transpires that the doctor conducting autopsy of the deceased has

          found ante-mortem injuries on the person of the deceased. He has

          opined that the cause of death of the deceased is shock and

          haemorrhage due to head injuries caused by hard and blunt

          substance. Learned counsel has further submitted that earlier
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                      injuries of the informant which were caused on the date of the

                      occurrence, does not match with the ante-mortem injuries which

                      were found in the postmortem. There was land dispute between

                      the parties and it seems that the informant has received other

                      injuries and taking benefit of death, the petitioners have been

                      implicated in this case. A statement has been made in para-3 of

                      this petition that the petitioners have got no criminal antecedent.

                      Moreover, they are languishing in judicial custody since

                      19.11.2025.

                                   5. Learned APP appearing for the state has opposed the

                      prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Dumariyaghat P.S. Case No. 78 of 2020 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate, Motihari, East Champaran.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T