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Patna High CourtCR. MISC./37696/2026disposed

Bijli Yadav @ Vijay Kumar Manjhi v. The State Of Bihar

2026-07-01Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37696 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- AMARPUR District- Banka ====================================================== 1.

Bijli Yadav @ Vijay Kumar Manjhi Son of Kamleshwari Yadav Resident of village - Baja, Police Station - Amarpur, District - Banka. 2.

Ludo Devi @ Ludho Devi Wife of Bijli Yadav @ Vijay Kumar Manjhi Resident of village - Baja, Police Station - Amarpur, District - Banka. 3.

Ritesh Kumar Son of Bijli Yadav @ Vijay Kumar Manjhi Resident of village - Baja, Police Station - Amarpur, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Learned counsel for the petitioner prays for and is allowed to withdraw the anticipatory bail application of petitioner no 1, Bijli Yadav as he has been arrested during the pendency of the present petition.

2. Accordingly, the anticipatory bail application of petitioner no. 1, Bijli Yadav is dismissed as withdrawn.

3. Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and the State.

4. The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 35 of 2026 for the offence registered under sections 126(2), 115(2), 109(1), 303(2), 352,

2/4 351(2), 3(5) of BNS.

5. As per the prosecution story, the informant alleged that on 16.01.2026, the accused persons named, on the issue of movement of buffalo, resorted to assault and allegation is that Bijli Yadav and Bambam Kumar gave blow on the head causing injuries. When his son came to rescue, these petitioners (petitioner nos. 2 & 3) assaulted him. This led to the FIR.

6. Learned Counsel for the petitioners submit that main role has been assigned to Bijli Yadav and Bambam Kumar. Further, the injury has been found to be simple in nature, there is case and counter case. The last submission is that the petitioners do not have criminal antecedent.

7. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that these petitioners also attacked the son of the informant

8. Considering the submissions aforesaid as also that the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh Kumar do not have criminal antecedent, there is case and counter case and the injuries have been found to be simple in nature, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

9. Let the petitioner nos. 2 and 3, namely, Ludo Devi

3/4 and Ritesh Kumar in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/ Court concerned in connection with Amarpur P.S. Case No. 35 of 2026 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh Kumar, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh Kumar shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh Kumar shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the

4/4 bail bonds;

(iv) the petitioner nos. 2 and 3, namely, Ludo Devi and Ritesh Kumar shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J) Vijay Singh/- U T