Kishan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.186 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- RAIL P.S. MANIHARI District- Katihar ====================================================== 1.

Kishan Yadav S/o Bhim Byas Yadav R/o Village- Manihari, P.S- Manihari, Dist- Katihar.

2.

Shekh Rahul S/o Shekh Mokim R/o Village- Manihari, P.S- Manihari, DistKatihar. 3.

Sanjay Lal @ Sanjay Kr. Sinha S/o Surendra Sinha @ Surendra Prasad Sinha R/o Village- Manihari, P.S- Manihari, Dist- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2026 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), 115(2), 118(2), 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per F.I.R., all the named accused persons, including these petitioners, assaulted the son of informant and took Rs. 1,000/- from the shop and Rs. 30,000/- from the pocket of informant. Petitioner no. 1 is alleged to have assaulted the son of informant by means of fighter.

4. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.186 of 2026(2) dt.20-01-2026 2/3 submits that specific accusation of assault is against petitioner No. 1. So far rest of the petitioners are concerned, there is no specific allegation of overt act against them. Injury, allegedly, caused by petitioner nos. 2 & 3 are simple in nature. Rest of the allegations are ornamental only to make the case grave.

5. Learned counsel for the State opposed the bail application and submitted that there is specific accusation of assault against petitioner no. 1 and he has got three criminal antecedents.

6. Considering the specific accusation of assault against petitioner no. 1 and criminal antecedents, prayer for anticipatory bail of petitioner No. 1 is refused.

7. However, considering the nature of accusation against petitioner Nos. 2 & 3, the anticipatory bail with regard to petitioner Nos. 2 & 3 is allowed and it is ordered that the above named petitioner Nos. 2 & 3 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 Railway Judicial Magistrate, Katihar in connection with Manihari Rail P. S. Case No. 207 of 2025, subject to condition as laid down under Section 482(2) of

Patna High Court CR. MISC. No.186 of 2026(2) dt.20-01-2026 3/3 the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Navya/- U T