Patna High Court
CR. MISC./52815/2026 of Mahamaya Prasad Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52815 of 2026 Arising Out of PS. Case No.-108 Year-2026 Thana- MANIYARI District- Muzaffarpur ====================================================== 1. Mahamaya Prasad S/O Late Yogendra Sharan R/O Village- Chhitrauli, P.S.- Maniyari, Distt.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52815 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- MANIYARI District- Muzaffarpur ======================================================
1.
Mahamaya Prasad S/O Late Yogendra Sharan R/O Village- Chhitrauli, P.S.- Maniyari, Distt.- Muzaffarpur.
2.
Chandani Devi W/O Mahamaya Prasad R/O Village- Chhitrauli, P.S.- Maniyari, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Sunil Kumar Pandey, Advocate
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 76, 352 and 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioners submits that the petitioners have antecedent of one case and petitioner No. 2 is a woman and the informant alleges that on 25.03.2026 at 07:30 AM accused persons including the petitioners along with 3-4 unknown accused came and Roshan assaulted his wife causing Patna High Court CR. MISC. No.52815 of 2026(2) dt.17-08-2026
injury on head, while petitioner No. 1 disrobed his wife and petitioner No. 2 assaulted by lathi causing injury on head, further villagers gathered and saved her and informed the informant about the occurrence.
4. Learned counsel for the petitioners submits that petitioner No. 1 and informant are own brothers and having dispute relating to property, it is further submitted that since side of the informant was demolishing the boundary wall of the side of the petitioners, as such, an altercation took place in which both sides assaulted each other, it is next submitted that no doubt wife of the informant suffered grievous injury on head, but then specific of assaulting her is against Roshan who is not a petitioner in the instant case, but his son are petitioners herein, it is next submitted that the allegation against petitioner Nos. 1 and 2 is exaggerated only to give seriousness to the case, it is further submitted that petitioners have antecedent of one case, but then the said case also came to be instituted from the side of the informant, it is next submitted that from side of the petitioners also Maniyari PS Case No. 127 of 2026 has been instituted against the informant and his side.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for Patna High Court CR. MISC. No.52815 of 2026(2) dt.17-08-2026
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners and taking into consideration the fact that specific allegation of assaulting the wife of the informant who suffered grievous injury on head is against Roshan and petitioner No. 1 is own brother of the informant and petitioner No. 2 is wife of petitioner No. 1, the petitioners above-named, in the event of their 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) each 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 Maniyari P.S. Case No. 108 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Thus, this application stands allowed.
Nitesh/- (Satyavrat Verma, J) U T