Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50165 of 2026 Arising Out of PS. Case No.-225 Year-2026 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Abhishek Kumar S/o Rupesh Yadav @ Rupesh Kumar R/o Village - Pachena, Ward no. 7, P.S. - Lakhisarai, District - Lakhisarai. 2.

Ankit Kumar S/o Rajesh Yadav @ Rajesh Kumar R/o Village - Pachena, Ward no. 7, P.S. - Lakhisarai, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Lakhisarai P.S. Case No. 225 of 2026 dated 23.04.2026 registered for the offences punishable under Section s 115(2), 126(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the allegation, when the informant was going to his agriculture field, all the accused persons including the petitioners, forming an unlawful assembly, came there with lethal weapons and started assaulting the informant, his father as well as his brother. It has further been alleged that the petitioner

Patna High Court CR. MISC. No.50165 of 2026(2) dt.29-07-2026 2/3 No.2 (Ankit Kumar) assaulted on the head of the informant by means of iron rod and when the brother of the informant came to save him, then co-accused, Rajesh Kumar assaulted on his head by means of iron rod. It is further alleged that the father of the informant was assaulted by the co-accused, Laleshwar Yadav by means of sticks, while others also took part in the assault, due to timely intervention by the nearby people, the injured persons were saved and taken to hospital for treatment.

4. Learned counsel for the petitioners has submitted that the parties are agnates, there is a land dispute between them and the present case has been instituted as a counterblast to the case lodged by the petitioners' side. It has further been submitted that there was free fight between the parties and the injury sustained by informant is simple in nature and in this regard, learned counsel has referred to Annexure-P/3, the injury report of the informant. It has further been submitted that there is general and omnibus allegation against the petitioner no.1 (Abhishek Kumar). It has further been submitted that the petitioners were made accused in one another case, which was lodged by the informant's brother and they are on bail in that case.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.50165 of 2026(2) dt.29-07-2026 3/3 opposed the prayer for anticipatory bail of the petitioners.

6. Heard the learned counsel for the parties and perused the record.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 225 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) Shivam/- U T