IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2604 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== 1. Sudhir yadav son of Sube Yadav @ Subelal yadav R/o - Sherpur, P.S - Asthawan, District - Nalanda 2. Jaikar yadav son of Bindu Yadav R/o - Sherpur, P.S - Asthawan, District - Nalanda 3. Mukesh yadav son of Sube yadav R/o - Sherpur, P.S - Asthawan, District - Nalanda ... ... Appellant/s Versus 1. The State of Bihar 2. Gajadhar Paswan Son of Late Ramshis Paswan R/o - Sherpur, P.S - Asthawan, District - Nalanda ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pankaj Kumar, Advocate For the Respondent/s : Ms. Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 29-06-2026 1. Heard learned counsel for the appellants and the learned Special PP for the State, Ms. Usha Kumari 1. 2. The appellants have challenged the order dated 05.06.2025 passed by the learned Additional Sessions JudgeVIth-cum-Special Judge, SC/ST Act in Anticipatory Bail Petition No. 852 of 2025 arising out of Asthawan P.S. Case No. 44 of 2025 instituted for the offences under Sections 190, 191(2), 126(2), 115(2), 74, 75(1), 76, 109 of the BNS, 2023 and Sections 3(i)(r)(s)(w), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, whereby their prayer for grant of anticipatory Patna High Court CR. APP (SJ) No.2604 of 2025(5) dt.29-06-2026 2/3 bail has been rejected. 3. Learned counsel appearing on behalf of the appellants submits that from perusal of the office report dated 22.06.2026, it would manifest that the ordinary notice has been validly served upon the respondent no. 2, but then the respondent no. 2 despite receiving notice chooses not to appear and contest. 4. It is next submitted that appellant no. 1 has antecedent of one case and appellant nos. 2 and 3 are persons with clean antecedent. It is next submitted that Aman Yadav @ Aman Kumar along with two others had approached this Court seeking anticipatory bail by filing Criminal Appeal (SJ) No. 1839 of 2025 and the same came to be allowed by an order dated 19.01.2026 after considering the case in detail and on merits, it is thus submitted that case of the appellants is not akin, is similar to the case of Aman Yadav @ Aman Kumar and others and allegation of assault and abuse is not specific. 5. Learned Special P.P. for the State opposes the appeal. 6. In view of the submissions made by the learned counsel for the appellants and taking into consideration the order dated 19.01.2026 in Criminal Appeal (SJ) No. 1839 of Patna High Court CR. APP (SJ) No.2604 of 2025(5) dt.29-06-2026 3/3 2025, the order dated 05.06.2025 passed by the learned Additional Sessions JudgeVIth-cum-Special Judge, SC/ST Act in Anticipatory Bail Petition No. 852 of 2025, is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Ashthawan P.S. Case No. 44 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the appeal stands allowed. Rishabh/- (Satyavrat Verma, J) U T