Durgesh Gond @ Durgesh Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28532 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- DURAULI District- Siwan ====================================================== 1.

Durgesh Gond @ Durgesh Kumar Gond S/O Chotelal Gond Resident of vill.- Balahun, P.S.- Darauli, Dist.- Siwan 2.

Harikesh Gond @ Harikesh Kumar Gond S/O Chotelal Gond Resident of vill.- Balahun, P.S.- Darauli, Dist.- Siwan 3.

Lalan Gond S/O late Bhajnandan Gond Resident of vill.- Balahun, P.S.- Darauli, Dist.- Siwan 4.

Rekha Devi W/O Chotelal Gond Resident of vill.- Balahun, P.S.- Darauli, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-05-2026 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), 118(1), 109, 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 06.01.2026 at about 7 PM, these petitioners were playing obscene songs on DJ and when informant objected, these petitioners abused and assaulted him and others by means of lathi, danda, dab, etc.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28532 of 2026(2) dt.04-05-2026 2/2 petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Injuries sustained by the injured are simple in nature. Petitioners claim clean antecedent.

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

6. Considering the nature of accusation, injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Darauli P. S. Case No. 12 of 2026, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T