Amit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7372 of 2026
                    Arising Out of PS. Case No.-511 Year-2025 Thana- MAHARAJGANJ District- Siwan
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           1.     Amit Kumar son of Sobhan Sah Resident of Village-Patedha P.S-
                  Maharajganj, Dist- Siwan
           2.    Rakesh Sah @ Rakesh Kumar son of Late Marua Sah @ late Baharan Sah
                 Resident of Village-Patedha P.S- Maharajganj, Dist- Siwan
           3.    Sumit Kumar Son of Sobhan Sah Resident of Village-Patedha P.S-
                 Maharajganj, Dist- Siwan
           4.    Nitesh Sah @ Nitesh Kumar son of Late Marua Sah @ Late Baharan Sah
                 Resident of Village-Patedha P.S- Maharajganj, Dist- Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Chandra, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   22-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Maharajganj P.S. Case No. 511 of 2025, dated

                   19.10.2025, lodged under Sections 115(2), 126(2), 351(2), 352,

                   74, 117, 118, 109, 303(2) and 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, the specific allegations

                   against petitioner Nos. 1, 2, and 3 are that they assaulted the

                   victim with a sword, whereas the allegation against petitioner

                   No. 4 is that he assaulted the victim with an iron rod, as a result
Patna High Court CR. MISC. No.7372 of 2026(3) dt.22-04-2026
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          of which injuries were caused.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the criminal antecedents of the

          petitioners are clean. It is further submitted that there are

          specific allegations against petitioner no. 4 and another co-

          accused, who is not a petitioner herein, that they have caused

          injury by iron rod.

                       5. Counsel further submits that there is allegation of

          assault by sword against three petitioners, however, no

          corresponding injury attributable to such weapon is reflected in

          the injury report. Counsel further submits that on a previous

          occasion, with a view to verify the injury report, the case diary

          was called for. Counsel also submits that the petitioners are

          ready to abide by and fulfil all the conditions that may be

          imposed upon them.

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

          bail of the petitioners but fairly submits that the case diary was

          called for to verify the injury.

                       7. Upon perusal, it transpires that there are two

          injuries, though grievous in nature, caused by a hard and blunt

          substance.
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                                 8. In light of the submissions made that petitioner

                    Nos. 1, 2, and 3 are alleged to have been armed with swords, but

                    no injury attributable to such weapon is found, and considering

                    that the cause of dispute appears to be an exchange of money, let

                    the petitioner Nos. 1, 2 & 3 namely, Amit Kumar, Rakesh Sah

                    @ Rakesh Kumar and Sumit Kumar be released on anticipatory

                    bail, in the event of arrest or surrender before the Trial Court

                    within a period of 4 weeks from today, on furnishing bail bond

                    of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

                    Section 2(1)(d) of the BNSS, 2023 to the satisfaction of

                    Additional Chief Judicial Magistrate- II, Siwan, in connection

                    with Maharajganj P.S. Case No. 511 of 2025, subject to the

                    conditions as laid down U/s 482(2) of the BNSS, 2023.

                                 9. So far as the bail application of the petitioner No. 4,

                    namely, Nitesh Sah @ Nitesh Kumar is concerned, his bail

                    application is hereby rejected, as there is specific allegation

                    against him.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-

U     T