Patna High Court

CR. MISC./49755/2026 of Digvijay Pratap @ Vijay Ram Vs The State of Bihar on 29 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49755 of 2026 Arising Out of PS. Case No.-108 Year-2026 Thana- PHULWARIYA District- Gopalganj ====================================================== Digvijay Pratap @ Vijay Ram S/O Anil Kushmakar R/O Village- Cheru Tola, Majirwa Tola, P.S-

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49755 of 2026

Arising Out of PS. Case No.-108 Year-2026 Thana- PHULWARIYA District- Gopalganj ======================================================

Digvijay Pratap @ Vijay Ram S/O Anil Kushmakar R/O Village- Cheru Tola, Majirwa Tola, P.S- Fulwariya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Vikash Kumar Shukla, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

29-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Fulwariya P.S. Case No.108 of 2026, registered for the offences punishable under Sections 115(2), 109(1), 126(2), 74, 351(2), 352 and 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on account of dispute relating to land, accused persons including the petitioner came and petitioner assaulted Nidhi by Daab causing injury on head and acted inappropriately with her.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the Patna High Court CR. MISC. No.49755 of 2026(2) dt.29-07-2026

informant on account of dispute relating to land. It is next submitted that from side of the petitioner Fulwariya P.S. Case No.109 of 2026 has been instituted against the informant and his side. It is further submitted that even presuming what has been alleged is true without admitting then the injured suffered two injuries but then injuries have been opined to be simple in nature caused by hard and blunt substance.

5. Learned A.P.P. for the State Ms. Meena Singh vehemently opposes the prayer for anticipatory bail of the petitioner and submits that even if a land dispute existed in between the side of the petitioner and the informant that in itself could not have been a reason for assaulting a woman with Daab causing two injuries but then fairly submits that injuries have been opined to be simple in nature caused by hard and blunt substance. At this stage, the learned counsel appearing on behalf of the petitioner submits that petitioner is not a criminal.

6. After hearing the learned counsel for the parties, the anticipatory bail application is disposed of with a direction to the petitioner to appear before the learned trial court on 11.08.2026.

7. It is made clear that if petitioner appears on 11.08.2026, in that event, the learned trial court shall consider Patna High Court CR. MISC. No.49755 of 2026(2) dt.29-07-2026

and dispose of the case on the same day keeping in mind the fact that injuries suffered by the injured has been opined to be simple in nature and petitioner is not a criminal.

amit/- (Satyavrat Verma, J) U T

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