IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33566 of 2026 Arising Out of PS. Case No.-108 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== 1. Gauri shankar yadav, Son of Lal Bahadur Yadav Resident of Village- Mahthaur Khurd, P.S.- Phulparas, District- Madhubani. 2. Roma Shankar Yadav, Son of Lal Bahadur Yadav Resident of Village- Mahthaur Khurd, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 19-05-2026 Heard the learned counsel for the parties through virtual mode. 2. Petitioners apprehend their arrest in connection with Phulparas P.S Case No. 108 of 2017 registered for the offences under Sections 341, 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code. 3. As per the prosecution case, the informant has alleged that all the named accused persons, armed with lathi and tengari, came to the doors of the informant and started abusing and assaulting. It is alleged that the accused Lal Bahadur Yadav hit the informant with lathi on the head, while Roma Shankar Yadav (petitioner No.2) hit Chandar Devi on her head and Gauri Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026 2/4 Shankar Yadav (petitioner no.1) hit Lalita Devi and Rambha Devi with lathi and Roma Shankar Yadav took away the mangalsutra from the neck of Chandar Devi. 4. Learned counsel for the petitioners submits that the petitioners have approached this court only after cognizance was taken against them, differing with the final form which was submitted in favour of the petitioners. It has further been submitted that the cognizance was taken on 22.07.2025 and thereafter, summons were issued and therefore, the petitioners have apprehension of arrest in the present case, in which they have been falsely implicated. It has next been submitted that, admittedly, the injuries sustained by the said persons were found to be simple in nature, caused by a hard and blunt substance. It has also been submitted that after investigation the I.O. found the allegations against the petitioners to be not true and therefore, the final form was submitted as far as the petitioners were concerned. It has lastly been submitted that the petitioners have clean antecedent. 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 Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026 3/4 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 Phulparas P.S Case No. 108 of 2017, 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:- (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 Patna High Court CR. MISC. No.33566 of 2026(2) dt.19-05-2026 4/4 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/ayushkr- (Sourendra Pandey, J) U T