IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48611 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- NADI P.S. District- Patna ====================================================== 1. Arun Yadav @ Arun Roy S/o Sitaram Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 2. Sitaram Roy S/o Late Rajaram Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 3. Rajeev Gope @ Rajeev Kumar S/o Ram Prasad Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 4. Dharmendra Gope @ Dharmendra Kumar S/o Sanjeevan Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 5. Jitendra Gope @ Jitendra Kumar S/o Sanjeevan Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 6. Sunil Gope @ Sunil Kumar S/o Beyas Roy @ Beyas Singh R/o Village- Kripaltola, P.S.- Nadi, District- Patna 7. Kamlesh Gope @ Kamlesh Kumar S/o Beyas Roy @ Beyas Singh R/o Village- Kripaltola, P.S.- Nadi, District- Patna 8. Beyas Roy @ Beyas Singh S/o Late Yadunandan Singh R/o Village- Kripaltola, P.S.- Nadi, District- Patna 9. Ram Prasad Roy @ Ram Prasad Yadav S/o Late Rajaram Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 10. Sunny Kumar S/o Awadhesh Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 11. Sunny Kumar S/o Bipinder Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna 12. Navin Kumar S/o Arun Roy R/o Village- Kripaltola, P.S.- Nadi, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akshansh Ankit, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 27-08-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.48611 of 2025(2) dt.27-08-2025 2/4 petitioners at the outset seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1, namely, Arun Yadav @ Arun Roy who was arrested during pendency of the anticipatory bail applicaiton. 3. Permission is accorded. 4. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 1 is dismissed as withdrawn. 5. The petitioners no. 2 to 12 apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 109, 352, 351(2) and 351(3) BNS as well as Section 27 of the Arms Act. 6. Learned counsel for the petitioners submits that petitioner no. 10 is a person with clean antecedent but the order impugned records that all accused have antecedent, as such, the defects have been pointed out. 7. The defects, as pointed out by the office, are hereby ignored. 8. Learned counsel for the petitioners submits that petitioners no. 4, 5, 9 and 11 have antecedent of two cases, petitioners no. 2, 3, 6, 7, 8 and 12 have antecedent of one case and petitioner no. 10 is a person with clean antecedent. 9. Learned counsel for the petitioners submits that the informant alleges that on 31.01.2025 at about 07:35 a.m. her son Patna High Court CR. MISC. No.48611 of 2025(2) dt.27-08-2025 3/4 had gone to purchase milk when Munna Yadav, Arun Yadav, Sitaram Roy (petitioner no. 2) reached the place of occurrence and Munna Yadav abused the son of the informant and strangulated him with his gamcha. Thereafter, Pawan Gope, Rajeev Gope (petitioner no. 3) and Dharmendra Gope (petitioner no. 4) came along with 50-60 associates and Dharmendra Gope took out a revolver and pointed the same at the chest of the son of the informant. Further, Pawan Gope assaulted the son of the informant on his head by an iron rod causing injury. Thereafter, other accused also assaulted the son of the informant till he became unconscious. It is further alleged that Arun Yadav gave orders to attack the house of the informant when Sunil Gope (petitioner no. 6), Kamlesh Gope (petitioner no. 7), Beyas Roy (petitioner no. 8), Sunny Kumar (petitioner no. 10), Pawan Kumar and another Sunny Kumar (petitioner no. 11) along with Navin Kumar (petitioner no. 12) reached the house of the informant along with 50-60 unknown and started pelting stones and firing at the house of the informant but the accused fled away when the police reached the spot. 10. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant and specific allegation of assault is against Pawan Kumar who is not the petitioner in the instant anticipatory bail Patna High Court CR. MISC. No.48611 of 2025(2) dt.27-08-2025 4/4 application. It is further submitted that petitioners no. 2, 8 and 9 are aged about 70, 80 and 68 years respectively. It is next submitted that entire family members have been implicated in the instant case. It is also submitted that it does not appear probable that informant who was not an eyewitness to the occurrence with such clarity could have alleged such allegation. It is submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 11. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners no. 2 to 12. 12. Considering the submissions made by the learned counsel for the petitioners no. 2 to 12, let the petitioners no. 2 to 12 above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Nadi P.S. Case No. 32 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Kundan/- (Satyavrat Verma, J) U T