Bigu Bhar @ Bigu Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12367 of 2026 Arising Out of PS. Case No.-353 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Bigu Bhar @ Bigu Rajbhar S/O Kailash Bhar R/O Village- Khanpur Khairati, P.S- Hussainganj, Distt.- Siwan.

2.

Mahesh Sah @ Mahesh Kumar Sah S/O Parmatma Sah R/O VillageKhanpur Khairati, P.S- Hussainganj, Distt.- Siwan. 3.

Lakhan Sah @ Lakhan Kumar S/O Sampat Sah R/O Village- Khanpur Khairati, P.S- Hussainganj, Distt.- Siwan.

4.

Rajveer Bhar @ Rajveer Rajbhar @ Chahetu S/O Bigu Bhar @ Bigu Rajbhar R/O Village- Khanpur Khairati, P.S- Hussainganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 118(1), 3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution, in short, is that the informant had gone to drive a tractor at the Durga Puja immersion ceremony in Husain Ganj on 13.10. 2024 at around 9 PM. All the F.I.R. named accused persons, including these petitioners and three or four other people from the same village,

Patna High Court CR. MISC. No.12367 of 2026(2) dt.24-02-2026 2/3 while creating a disturbance, verbally abused the informant, dragged him from the tractor, and beat him with sticks, swords, axes, and iron pipes, injuring his head and leaving him covered in blood. People present at the fair saved the informant's life and took him to the Husain Ganj health centre for treatment. After first aid, the informant was immediately referred to the Sadar Hospital, Siwan.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against these petitioners. Petitioner no. 3 has got one criminal antecedent in which he is on bail and rest of the petitioners claim clean antecedent. Submitted that similarly situated co-accused person has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 15.01.2026 passed in Cr. Misc. No. 91876 of 2025.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the general and omnibus allegation against these petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of

Patna High Court CR. MISC. No.12367 of 2026(2) dt.24-02-2026 3/3 their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Class Magistrate, Siwan in connection with Hussainganj P. S. Case No. 353 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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