Anand Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26156 of 2026 Arising Out of PS. Case No.-142 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Anand Shankar S/o Vishwanath Ojha Resident of Village- Katri Dih (In Impugned Order wrongly typed Katri Sarai), P.S.- Giriyak (Katri Sarail), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

Ms. Rakhee Gupta, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2026 Heard Ms. Rakhee Gupta, learned counsel for the petitioner and Mr. Jitendra Kumar Singh for the State.

2. The petitioner is apprehending his arrest in connection with Griyak (Katri Sarai) P.S. Case No. 142 of 2025 for the offence under sections 126(2), 117(2), 118(1), 109(1), 351(3), 352 and 3(5) of the BNS lodged on 10.04.2025 by the informant, Amrendra Pratap.

3. As per the prosecution story, the informant alleged that on 10.04.2025, when he alongwith his brother were returning home, on the order of petitioner no. 1, Vishwanath Ojha both his sons, petitioner nos. 1 and 2 namely Anand Shankar and Vijay Shankar assaulted. Anand Shankar gave knife blow to his brother, Dhirendra Pratap causing grievous injury on

Patna High Court CR. MISC. No.26156 of 2026(2) dt.17-04-2026 2/3 the nose and when he tried to rescue him, another petitioner, Vijay Shankar gave lathi' blow causing injury on the hand. This led to the FIR.

4. In Cr. Misc. No. 70285 of 2025 (Vishwanath Ojha & ors. vs. State of Bihar), this Court on 13.10.2025 allowed the present petitioner to withdraw the anticipatory bail application which was accordingly dismissed as withdrawn.

5. This is the second attempt for the grant of anticipatory bail.

6. Learned counsel for the petitioner submits that since one of the brother, Vijay Shankar moved before the Hon'ble Apex Court in Cr. App. - of 2026 arising out of SLP (Crl.) No. 1304 of 2026 (Vijay Shankar vs. State of Bihar) and the same was allowed on 23.02.2026, the petitioner also is entitled for the relief.

7. Learned APP opposes the prayer submitting that not only after the withdrawal of the anticipatory bail, second attempt is being taken by the petitioner, the allegation against Vijay Shankar is quite different from that of this petitioner inasmuch as the knife blow inflicted by him to Dhirender Pratap caused injury on the nose which was found grievous in nature. Vijay Shankar on the other hand gave 'lathi' blow on the hand.

Patna High Court CR. MISC. No.26156 of 2026(2) dt.17-04-2026 3/3

8. This Court has gone through the facts of the case and the materials on record. Admittedly, the allegation against Vijay Shankar is different from this petitioner inasmuch he is alleged to have given the 'lathi' blow whereas in the case of this petitioner, he gave knife blow causing grievous injury on the nose of Dhirender Pratap.

9. This was the basis for his earlier withdrawal of the anticipatory bail application. However, months later, instead of surrender and prayer for bail before the Sessions Court, the second attempt.

10. No relief can be extended to him. In this background, the anticipatory bail application stands rejected once again.

(Rajiv Roy, J) Vijay Singh/- U