IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19655 of 2026 Arising Out of PS. Case No.-244 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1. Gaurav Kumar son of Surendra yadav Resident of village- Bhikhamchak, Ward no. 9, Ps- Bachhwara, Dist- Begusarai 2. Raushan Yadav @ Raushan Kumar Son of Prem Kumar yadav Resident of village- Bhikhamchak, Ward no. 9, Ps- Bachhwara, Dist- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Aryan Singh, Advocate For the State : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 76 and 3(5) of the B.N.S.. 3. As per prosecution case, it is alleged that these petitioners, along with other co-accused persons, assaulted by means of khanti upon the head of the informant’s gotani’s daughter namely, Usha Kumari, due to which she sustained injuries and also outraged her modesty. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and Patna High Court CR. MISC. No.19655 of 2026(2) dt.07-04-2026 2/3 have committed no offence. As a matter of fact, both parties are co-villagers and due to land dispute between the parties, a simple maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. He further submits that the injured was medically examined at Primary Health Center, Bachhwara, Begusarai and the doctor, who examined the injured person, namely, Usha Kumari, found the injury to be simple in nature. He next submits that the occurrence took place on 05.07.2025 but the FIR was lodged on 07.07.2025, after a delay of two days of the occurrence but there is no any plausible explanation in this regard, which itself makes the entire prosecution case doubtful. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 12.03.2026 passed in Cr. Misc. No. 12753 of 2026. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. Patna High Court CR. MISC. No.19655 of 2026(2) dt.07-04-2026 3/3 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured, case and counter-case, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 244 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T