IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90324 of 2025 Arising Out of PS. Case No.-366 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1. Manoj Pandey, Son of Baban Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 2. Brajesh Pandey, Son of Baban Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 3. Sujeet Pandey, Son of Ramesh Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 4. Baban Pandey, Son of Late Ramnagina Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 5. Umesh Pandey, Son of Shivnandan Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 6. Ramesh Pandey, Son of Shivnandan Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 7. Nikhil Pandey @ Divyanshu Pandey, Son of Rajesh Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. 8. Shiv Nandan Pandey, Son of Late Ramnagina Pandey Resident of village - Chausa, Police Station - Buxar (Muffasil), District - Buxar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Rai Sharma, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 20-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. Petitioners apprehend their arrest in connection with Buxar (Muffasil) P.S. Case No.366 of 2025 registered for the offences under Sections 126(2), 115(2), 117(2), 109, 303(2), 74, 351(2), 351(3), 352, 3(5) of the I.P.C. Patna High Court CR. MISC. No.90324 of 2025(3) dt.20-02-2026 2/4 3. As per the prosecution case, the eleven named accused persons, variously armed with iron rod, gadasi, baisakhi, lathi etc. attacked the son of the informant. It is alleged that Baban Pandey and Shivnandan Pandey were instigating others and out of the named accused persons, Brajesh Pandey and Manoj Pandey assaulted Deepak Pandey by means of iron rod in his forehead, while Ramesh Pandey, Umesh Pandey, Nikhil Pandey, Brajesh Pandey, Manoj Pandey and others assaulted Omkar Nath Pandey by means of an iron rod and baisakhi on the head and other parts of the body, while Sujit Pandey by lathi and Shivnandan Pandey by means of fists. 4. 4. Learned Senior counsel for the petitioners submits that the petitioners and the informant are next door neighbours and there was an altercation on account of some dispute. It has further been submitted that for the same occurrence there was a case and countercase and even the petitioners’ side had also received injury. It has next been submitted that from perusal of the injury report, it would be evident that all the injured persons had sustained simple injuries barring one Omkar Nath Pandey, who had received one grievous injury, however, the allegation upon him is of assault by all the named accused persons. It has next been submitted that the injury is not corroborated by what Patna High Court CR. MISC. No.90324 of 2025(3) dt.20-02-2026 3/4 has been stated in the FIR. It has also been submitted that in fact no motive has been alleged by the informant, however, from the perusal of the FIR lodged on behalf of the petitioners, it would be evident that the informant and others are involved in the sale of liquor to which the petitioners have objected, on account of which, it was the informant who was the aggressor and not the petitioners. It has lastly been submitted that petitioners have clean antecedents. 5. Learned APP for the State has opposed the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Buxar (Muffasil) P.S. Case No.366 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- Patna High Court CR. MISC. No.90324 of 2025(3) dt.20-02-2026 4/4 (i) One of the bailors of the petitioners shall be their close relative. (ii) The petitioners shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 7. Accordingly, the prayer for anticipatory bail is allowed. 8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. manoj/- (Sourendra Pandey, J) U T