IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34495 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- Panchanpur District- Gaya ====================================================== 1. Saraswati Devi W/O Shaligram Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 2. Dharmendra Yadav @ Dharmendra Kumar S/O Shiya Sharan Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 3. Arun Yadav S/O Shiya Sharan Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 4. Rita Devi W/O Hari Lal Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 5. Yogendra Kumar S/O Shaligram Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 6. Harendra Kumar S/O Shaligram Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 7. Rina Kumari W/O Dharmendra Kumar @ Dharmendra Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 8. Himanshu Kumar S/O Hari Lal Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. 9. Shaligram Yadav S/O Late Ramchandra Yadav R/O Village- Dighaura, P.S- Panchanpur, Distt.- Gaya. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh For the Opposite Party/s : Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 20-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Panchanpur P.S. Case No.143 of 2024 registered for the offences punishable under Sections 126(2), Patna High Court CR. MISC. No.34495 of 2025(3) dt.20-08-2025 2/4 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per prosecution case, petitioners and other are said to have participated in the alleged occurrence of assaulting informant and his family members. It is alleged that petitioner no. 6, Harendra Kumar, is said to have assaulted the informant’s brother, Sarvesh Yadav, by means of gadasa upon his head as a result of which he sustained injury on head and petitioner no. 9, Shaligram Yadav, is said to have assaulted, Bhagwatia Devi, by means of rod as a result of which her hand got fractured. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Learned counsel submits that genesis of dispute arose from the fact that the land of the petitioners were encroached upon by the informant’s side. On the basis of complaint by the petitioners’side, order for removal of encroachment was passed and anti-encroachment drive was taking place. By virtue of order of removal, the informant and his associates were aggrieved and they started assaulting the petitioners’ side and petitioners’ side lodged a case on 03.11.2024 and in retaliation Patna High Court CR. MISC. No.34495 of 2025(3) dt.20-08-2025 3/4 of the said FIR, the present case is lodged. It is further submitted that, though, occurrence took place on 29.10.2024 but FIR was registered on 06.11.2024 and it was sent to magistrate on 25.11.2024. There is delay of month in lodging the FIR and there is no plausible explanation given for the same. In the light of aforesaid facts and circumstances of the case, the whole prosecution story suffers from infirmities. It is further submitted that allegations against the petitioners are general and omnibus in nature. Though, there are specific allegations against petitioner no.6 and 9 to assault Bhagwatiya Devi and Sarvesh Yadav but the nature of injury of injured is simple in nature. The injury of, Dharamajeet Kumar, who is informant, though, the injury is grievous but it is on the non-vital part of the body. Apart from that, petitioners bears no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submits that petitioners have participated in the alleged occurrence and they cannot escape from the liability of the allegation made in the FIR. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into Patna High Court CR. MISC. No.34495 of 2025(3) dt.20-08-2025 4/4 consideration the material available on record, the petitioners above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released 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 learned Additional Chief Judicial Magistrate-VIII, Gaya in connection with Panchanpur P.S. Case No.143 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T