Patna High Court
CR. MISC./53714/2026 of Namo Prakash Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53714 of 2026 Arising Out of PS. Case No.-288 Year-2026 Thana- NAGAR District- Vaishali ====================================================== Namo Prakash S/o Raja Ram Sah @ Ramji Sah Resident of Village/ Mohalla- Bagdulhan, P.S.- Hajipur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53714 of 2026
Arising Out of PS. Case No.-288 Year-2026 Thana- NAGAR District- Vaishali ======================================================
Namo Prakash S/o Raja Ram Sah @ Ramji Sah Resident of Village/ Mohalla- Bagdulhan, P.S.- Hajipur Town, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP
:
Mr. Hemant Kumar, Adv.
:
Mr. KR Rajesh Ranjan Bakshi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
1. Heard learned counsel for the petitioner, learned A.P.P., Mr. Rabindra Kumar for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(1) and 3(5) of BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on account of family dispute, the accused persons came 27.03.2026 at 4 P.M and started abusing her, on protest Chandra Prakash dashed her on the ground and the petitioner unveiled her, further petitioner and Chandra Prakash assaulted her husband on head by rod causing injury and also assaulted her sister-in-law causing injury and Sunita snatched her chain.
Patna High Court CR. MISC. No.53714 of 2026(2) dt.17-08-2026
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that husband of the informant is younger brother of the petitioner. It is also submitted that petitioner and Chandra Prakash and husband of the informant are own brothers and are having dispute relating to property. It is next submitted that on 27.03.2026, an altercation took place in between the parties when both side assaulted each other. It is further submitted no doubt it is alleged in the FIR that petitioner along with Chandra Prakash assaulted the husband of the informant by rod causing injury on head, but then from perusal of the order impugned, it would manifest that all injuries have been opined to be simple in nature. It is next submitted that from side of the petitioner also, persons suffered injury. It is next submitted that petitioner is not a criminal and will not abscond rather will cooperate in the investigation to prove his innocence if privilege of anticipatory bail is granted.
5. Learned A.P.P., Mr. Rabindra Kumar and the learned counsel appearing on behalf of the informant oppose the anticipatory bail application of the petitioner, but then the learned counsel appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel Patna High Court CR. MISC. No.53714 of 2026(2) dt.17-08-2026
appearing on behalf of the petitioner that petitioner and husband of the informant are own brothers and the injury suffered by the husband of the informant has been opined to be simple in nature.
6. After hearing the learned counsel for the parties and taking into consideration the fact that petitioner and husband of the informant are brothers and are having dispute relating to property and the injuries suffered by the injured has been opined to be simple in nature and petitioner is not a criminal, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 288 of 2026 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the application stands allowed.
krishna/- (Satyavrat Verma, J) U T