Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44577 of 2026 Arising Out of PS. Case No.-181 Year-2026 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Rohit Kumar S/O Virendra Yadav R/O Village- Satwar, P.S.- G.B.Nagar (Tarwara), Dist.- Saran.

2.

Jitan Yadav @ Jitan Kumar S/O Nand Kishor Yadav R/O Village- Satwar, P.S.- G.B.Nagar (Tarwara), Dist.- Saran.

3.

Nishu Kumari D/O Virendra Yadav R/O Village- Satwar, P.S.- G.B.Nagar (Tarwara), Dist.- Saran.

4.

Nand Kishore Yadav S/O Late Indradeo Yadav R/O Village- Satwar, P.S.- G.B.Nagar (Tarwara), Dist.- Saran.

5.

Nikki Kumari D/O Virendra Yadav R/O Village- Satwar, P.S.- G.B.Nagar (Tarwara), Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 118(1), 109(1), 352, 351(2) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Learned counsel for the petitioners submits that petitioner No. 1 has antecedent of one case and petitioner No. 2,3,4 and 5 are persons clean antecedent and petitioner No. 3

2/4 and 5 are women and the informant alleges that she along with her younger brother (Santosh) had come to meet their maternal grandfather, when Pawan along with six names accused persons including the petitioners came and started abusing, on objection, Pawan assaulted the informant by knife causing injury on chest and right thigh, thereafter Rita assaulted by farsa causing injury on her head, further Nikki along with petitioners excluding Pawan and Rita, assaulted Santosh and Dhananjay by lathi causing injury, further informant became unconscious and when she regained consciousness, she found herself in Siwan Hospital, next alleges that her maternal grandfather does not have a son thus accused person wanted to grab his property.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, it is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the informant by knife is against Pawan and Rita is alleged to have assaulted the informant by farsa causing injury on head, but as far as petitioners are concerned the allegation against them of assault is general and omnibus in nature, it is further submitted that though Pawan is alleged to have assaulted the informant by

3/4 knife causing injury on chest and right thigh, but then informant did not suffer any injury inflicted by knife though she received injury on head which has been opined to be simple in nature alleged to have been caused by Rita, it is also submitted that Pawan Kumar had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 44380 of 2026 and in the said case, the Investigating Officer has been directed to remain present in the Court on 23.07.2026 along with injury report of the injured Asha Kumari on the ground that the injury report does not record any incised wound on chest or thigh. It is further submitted that as far as present petitioners are concerned the allegation against them is general and omnibus in nature and on account of dispute relating to property, they came to be implicated and they are also related to the informant being cousin, maternal brothers and sisters.

5 Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

4/4 sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with G.B. Nagar P.S. Case No. 181 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. This application stands allowed.

(Satyavrat Verma, J) nitesh/- U T