RijwanullhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83600 of 2025
                    Arising Out of PS. Case No.-26 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
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                 Rijwanullha Son of Kalimuddin Resident of Jiyapokhar, P.S.- Jiyapokhar,
                 District - Kishanganj.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad
                 For the Opposite Party/s :       Ms.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                   Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                   with Jiyapokhar P.S. Case No. 26 of 2025, registered for the

                   offences punishable under Sections                 126(2), 115(2), 118(1),

                   118(2), 352, 303(2) of the BNS and later on Section 109(1) of

                   the BNS was also added.

                                 3. The allegation against the petitioner is of causing

                   assault over the head of the informant’s son by means of iron

                   rod, while they were engaged in constructing the house over

                   their land.

                                 4. Learned Advocate for the petitioner referring to the

                   FIR contended that prima facie land dispute is writ large for the

                   simple reason that it is alleged that whenever the informant

                   approached to the police station seeking permission for

                   construction of the house over the land, she was being restrained
Patna High Court CR. MISC. No.83600 of 2025(2) dt.05-01-2026
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          by the police officials. The present case is said to be nothing but

          a counter blast to           Jiyapokhar P.S. Case No. 25 of 2025

          instituted by the petitioner against the informant and others. So

          far the injury, which is allegedly sustained to the informant’s son

          is concerned, the same is said to have been caused over the

          frontal parietal region and on thumb; however conveniently the

          learned court below has not disclosed the nature of injury and it

          is the contention of the petitioner that the same is superficial and

          found to be simple in nature. The petitioner though bears one

          criminal antecedent, however in the said case he has already

          been acquitted, as has been disclosed in para-3 of the

          application.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          since the nature of injury has not been disclosed in the

          impugned order and there is specific accusation against the

          petitioner of causing assault over the vital part, it would be

          proper to call for the case diary and the injury report.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the factum of case and counter case and the genesis of the

          land dispute, besides the nature of injury, as has been disclosed
           Patna High Court CR. MISC. No.83600 of 2025(2) dt.05-01-2026
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                     in the impugned order, which, prima facie, appears to be simple

                     in nature, let the petitioner abovenamed be released on bail, in

                     the event of his arrest or surrender before the court below within

                     a period of four weeks from the date of receipt/production of a

                     copy of this order, upon furnishing bail bonds of Rs.10,000/-

                     (ten thousand) with two sureties of the like amount each to the

                     satisfaction of the learned ACJM-1st, Kishanganj in connection

                     with Jiyapokhar P.S. Case No. 26 of 2025, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further condition that one of

                     the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T