IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24685 of 2026 Arising Out of PS. Case No.-259 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== Pankaj Kumar Yadav @ Pankaj Yadav S/O Asarfi Yadav R/O Vill.- Dharhar Jamuniya, Ward no. 15, P.S.- Dhamdaha, Dist.- Purnea- 854205 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Anand, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 03-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 14.12.2025 in connection with Dhamdaha P.S. Case No. 259 of 2025 for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 74, 303(2) and 352 of the B.N.S. 3. The case of the prosecution in brief is that on 29/08/2025 at about 08:30 AM in morning, the informant Mala Devi and her husband Phulo Yadav were collecting firewood in their premises. Meanwhile Asharfi Yadav, Pankaj Yadav, Shankar Yadav and Shanti Devi arrived there armed with laathi, dandaa, iron made khanti and started verbal abuse. On being protested, the accused Asharfi Yadav repeatedly hit on head of Phulo Yadav by a laathi handed over to him by Shanti Devi. As Patna High Court CR. MISC. No.24685 of 2026(3) dt.03-07-2026 2/4 a result, Phulo Yadav became unconscious and fell down. Thereafter the accused Pankaj Yadav and Shankar Yadav have repeatedly assaulted Phulo Yadav by laathi. The informant Mala Devi tried to rescue, upon which, she has been beaten by accused persons. The accused have also taken away cash from informant's house. Upon cry for help, the people from nearby places gathered and they have taken Phulo Yadav to hosptial for treatment. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that it appears from the FIR that due to some petty dispute the present occurrence has taken place although there is specific and direct allegation against the petitioner that he has assaulted the husband of the informant due to which he sustained two injuries, one injury is simple in nature whereas the second injury is grievous in nature. It is next submitted that the present occurrence has taken place at the spur of the moment and there is no intention on the part of the petitioner to kill anyone. Learned counsel for the petitioner next submits that Patna High Court CR. MISC. No.24685 of 2026(3) dt.03-07-2026 3/4 police after investigation has submitted charge-sheet and petitioner is in custody since 14.12.2025. 5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Purnea in connection with Dhamdha P.S. Case No. 259 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for Patna High Court CR. MISC. No.24685 of 2026(3) dt.03-07-2026 4/4 cancellation of bail bond of the petitioner. 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. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T