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Patna High CourtCR. MISC./5922/2026disposed

Anil Yadav v. The State Of Bihar

2026-02-11Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5922 of 2026 Arising Out of PS. Case No.-132 Year-2024 Thana- RAHUI District- Nalanda ====================================================== 1.

Anil Yadav Son of Hardev Yadav R/o - Mijanbigha, (Bhandari,) P.S - Rahui, District - Nalanda 2.

Mithilesh Yadav @ Mithlesh Kumar son of Ram Nandan Yadav R/o - Mijanbigha, (Bhandari,) P.S - Rahui, District - Nalanda 3.

Bikash Yadav @ Bikash Kumar Son of Ajay Yadav R/o - Mijanbigha, (Bhandari,) P.S - Rahui, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Brajendra Nath Pandey, APP For the Informant :

Mr. Ranvijay Singh, Advocate Mr. Jeetendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2026 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per F.I.R., on 11.03.2024, when the informant, along with this father and brother, was going to village Bemani to deliver Tilak money, in the meantime, they were attacked by all the F.I.R. named accused persons, including these petitioners,

Patna High Court CR. MISC. No.5922 of 2026(2) dt.11-02-2026 2/3 armed with lathi and iron rod, causing severe injuries to them and snatched cash and gold jewellery on gun point.

4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific allegation of overt act has been alleged against these petitioners. Injuries, allegedly caused by these petitioners, are simple in nature. It is further submitted that similarly situated co-accused, namely, Bipin Yadav has already been granted anticipatory bail by this Hon'ble Court vide order dated 25.02.2025 passed in Cr. Misc. No. 5597 of 2025.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail application to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation the they, along with other accused persons, assaulted informant and his family members and looted cash and jewellery. Petitioner No. 1 has got four criminal antecedents, Petitioner No. 2 has got two criminal antecedents and Petitioner No. 3 has got three criminal antecedents.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation and criminal

Patna High Court CR. MISC. No.5922 of 2026(2) dt.11-02-2026 3/3 antecedents, the prayer for grant of anticipatory bail to Petitioner Nos. 1 and 3 is rejected.

7. So far as Petitioner No. 2 is concerned, considering the fact that there is no specific accusation of overt act against him, the prayer for grant of anticipatory bail to Petitioner No. 2 is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 2 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 132 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

9. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U T