Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43654 of 2026 Arising Out of PS. Case No.-156 Year-2026 Thana- MEHSI District- East Champaran ====================================================== 1.
SAROJ KUMAR S/O NANDU BHAGAT R/O Vill.- Tajpur, Bada Ward No 10, P.s.- Mehsi, District- East Champaran 2.
VIKASH KUMAR S/O NANDU BHAGAT R/O Vill.- Tajpur, Bada Ward No 10, P.s.- Mehsi, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Manjeet Kumar Mishra, Advocate For the State :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 115(2), 117(2), 118(2), 126(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, on 26.04.2026, all the F.I.R. named accused persons, including these petitioners, came armed with weapons and started abusing informant and on objection, they assaulted informant and his family members and also snatched gold ornaments of the informant.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.43654 of 2026(2) dt.08-07-2026 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been levelled against these petitioners. As a matter of fact, both parties are Gotiyas and due to petty dispute, this false and concocted case has been lodged. The present F.I.R. has been lodged after inordinate delay of two days and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Injuries allegedly caused by these petitioners are simple in nature. Rest of the allegations are ornamental in order to make the case grave.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, relationship between the parties and nature of injuries allegedly caused by these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.43654 of 2026(2) dt.08-07-2026 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Mehsi P.S. Case No. 156 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T