IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42722 of 2025 Arising Out of PS. Case No.-362 Year-2019 Thana- BELHAR District- Banka ====================================================== 1. Sunita Devi wife of Late Anil yadav Resident of village- Taraiya P S -Belhar District -Banka 2. Ashish Yadav @ Ashish Kumar Son of Late Anil Yadav Resident of village- Taraiya P S -Belhar District -Banka 3. Rakesh yadav @ Rupesh Kumar Son of Late Anil Yadav Resident of village- Taraiya P S -Belhar District -Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Mishra For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 14-07-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Belhar P.S. Case no. 362 of 2019 instituted for the offence punishable under Sections 341, 323, 307, 452, 354(B), 504, 506/34 of the Indian Penal Code. 3. As per allegation in the FIR, all FIR named accused persons laced with iron rod and lathi entered into the house of the complainant and abused him. When he made protest, accused Mukesh Yadav gave iron rod blow to him as a result of Patna High Court CR. MISC. No.42722 of 2025(2) dt.14-07-2025 2/3 which he fell down unconsciously. They also assaulted to his children. It is further alleged that petitioners misbehaved with his wife and also assaulted her. 4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is case and counter case. To save the skin from Belhar P.S. Case No. 306 of 2016, filed under Section 302 IPC, the present case has been lodged by the complainant on the basis of false and concocted story. Specific allegation of inflicting iron rod blow is against co-accused Mukesh Yadav, who has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 17.5.2023 passed in Cr. Misc. No. 64621 of 2022. Petitioners have got clean antecedent. It is further submitted by learned counsel for the petitioner that process of 82 Cr.P.C. has been passed but the same has not been issued. 5. Learned APP appearing for the State has opposed the prayer of Bail. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The Patna High Court CR. MISC. No.42722 of 2025(2) dt.14-07-2025 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Belhar P.S. Case no. 362 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka subject to the conditions as laid down under section 482 of the BNSS. sushma/- (S. B. Pd. Singh, J) U