IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76256 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya ====================================================== 1. Manish Kumar S/O Siya Sharan Prasad R/O Vill. - Amba Bigha, P.O.- -Rajwara, P.S.- Gehlaur, Dist.- Gaya 2. Sanjay Kumarr S/O Arjun Prasad Yadav R/O Vill. - Amba Bigha, P.O.- Rajwara, P.S.- Gehlaur, Dist.- Gaya 3. Raushan Kumar S/O Siya Sharan Prasad R/O Vill. - Amba Bigha, P.O.- Rajwara, P.S.- Gehlaur, Dist.- Gaya ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80452 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Gehlaur District- Gaya ====================================================== Mahesh Kumar Son of Lalan Prasad Yadav @ Lalo Yadav Resident of Village - Amba Bigha, Police Station - Gehlaur, District - Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 76256 of 2025) For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. Rajiv Nayan, A.P.P For the Informant : Mr. Ajay Kumar Singh, Advocate Ms. Sanjana, Advocate Ms. Anjali Kumar Sinha, Advocate (In CRIMINAL MISCELLANEOUS No. 80452 of 2025) For the Petitioner/s : Mr. Aryan Singh, Advocate For the State : Mr. Anuj Kumar Shrivastava, A.P.P For the Informant : Mr. Ajay Kumar Singh, Advocate Ms. Sanjana, Advocate Ms. Anjali Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 19-03-2026 Heard learned counsel for the petitioners, learned A.P.P for the State and learned counsel for the informant in both the cases. Patna High Court CR. MISC. No.76256 of 2025(3) dt.19-03-2026 2/3 2. The petitioners of both the cases are apprehending arrest in connection with Gehlaur P.S. Case No. 32 of 2025 lodged on 17.04.2025, for the offence punishable under Sections 126/115(2)/352/351(2)/109/3(5)/74/303 of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of Judicial Magistrate 1st Class, Gaya. 3. As per the prosecution, FIR has been lodged against nine named accused persons. It has been alleged in the FIR that all the accused persons armed with gadasa, khanti, iron rod etc. came and abused the informant’s side and also assaulted them, due to which injury has been caused. 4. Learned counsel for the petitioners of both the cases submits that the petitioners are innocent and have committed no offence. Counsel submits that the scuffling took place between both the parties due to land dispute. Counsel further submits that for the same date and place of occurrence, there are case and counter case from both the sides, i.e. one case has been lodged from the petitioners’ side bearing Gehlaur P.S. Case No. 31 of 2025 and the present case has been lodged from the informant’s side bearing Gehlaur P.S. Case No. 32 of 2025. Counsel also submits that the petitioner no.1 of first case has clean antecedent and petitioner nos.2 & 3 have one criminal Patna High Court CR. MISC. No.76256 of 2025(3) dt.19-03-2026 3/3 antecedent each in which they are on bail. The petitioner of second case has clean antecedent. 5. Learned APP for the State and learned counsel for the informant vehemently opposes the prayer for bail of the petitioners of both the cases. 6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioners of both the cases. Accordingly, the prayer for anticipatory bail of the petitioners of both the cases are hereby rejected. 7. Liberty is hereby granted to the petitioners of both the cases that if, they surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on their surrender-cum- bail application on the same day considering that scuffling took place from both the sides and there are case and counter case, without being prejudice that the anticipatory bail of the petitioners have been rejected by this Court. The Trial Court shall pass order on the merit of this case. Divyansh/- (Dr. Anshuman, J) U T