IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58452 of 2026 Arising Out of PS. Case No.-382 Year-2025 Thana- BANKA District- Banka ====================================================== 1. Vishnu Yadav @ Vishnu Dev Yadav S/O Anirudh Yadav Resident of Village- Majlishpur, P.S- Banka, District- Banka. 2. Sonu Yadav @ Sonu Kumar S/O Vishnu Dev Yadav @ Vishnu Yadav Resident of Village- Majlishpur, P.S- Banka, District- Banka. 3. Dikshit Kumar @ Raj Dikshit S/O Vishnu Dev Yadav @ Vishnu Yadav Resident of Village- Majlishpur, P.S- Banka, District- Banka. 4. Anirudh Yadav S/O Late Nemo Yadav Resident of Village- Majlishpur, P.S- Banka, District- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Mishra, Adv For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 2 19-08-2026 Heard the learned counsel for the petitioners and the learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in connection with Banka P.S. Case No. 382 of 2025, for allegedly having committed offences under 126(2), 115(2), 109(1), 351(2), 352, 3(5) of the B.N.S. 3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that all the accused persons (petitioners herein) came armed with stick and other arms and started using abusive Patna High Court CR. MISC. No.58452 of 2026(2) dt.19-08-2026 2/4 language against the husband of the informant and also started assaulting him. All the accused persons assaulted the husband of the informant with a tanga on his head, due to which he sustained head injury. When the daughter of the informant namely, Shabnam Kumari came to save his father, they also assaulted her on her head, due to which she sustained injuries and blood started oozing out. It has further been alleged that they assaulted on the head with an intention to kill. Upon hulla when the local people came there, the accused persons fled away after threatening the informant and her family members and all the injured were taken to Sadar hospital, Banka. 4. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. He submits that the petitioners and the informant are agnate and there is a land dispute in between the parties, due to which the name of the petitioners have been taken in the present case. He submits that general and omnibus allegations of assault has been leveled against all the accused persons (petitioners). He further submits that from the injury report, which has been annexed at Annexure-P/2 to the present anticipatory bail petition, it would transpire that the informant, his son and his daughter were treated by the Medical Officer, Sadar hospital at Patna High Court CR. MISC. No.58452 of 2026(2) dt.19-08-2026 3/4 Banka and the treating doctor found the injuries sustained by all the injured persons to be simple in nature. He further submits that so far the petitioners no. 1 and 4 are concerned, they are accused in Banka P.S. Case No. 87 of 2015, however in the said case they have already been acquitted. So far the petitioner no. 2 is concerned, he is an accused in Banka P.S. Case No. 187 of 2024, however in the said case he is on bail. So far the petitioner no. 3 is concerned, he has got a clean antecedent. 5. Per contra, the learned APP appearing on behalf of the State opposes the prayer for bail of the petitioners and submit that there is allegation of assault against all the petitioners and the Court of learned Additional Sessions Judge- V at Banka, has recorded that the injuries are on vital parts of body. 6. Having considered the rival submissions and after going through the record, it appears that the petitioners and the informant are agnate. General and omnibus allegation of assault has been leveled against all the accused persons and from perusal of the injury report, which has been brought on record by way of Annexure-P/2 to the present anticipatory bail petition, it would transpire that the doctor, who had treated the husband, the son and the daughter of the informant has found the injuries Patna High Court CR. MISC. No.58452 of 2026(2) dt.19-08-2026 4/4 to be simple in nature. Considering the above, let the above named petitioners, in the event of their arrest or surrender within a period of six weeks, be released on anticipatory bail in connection with Banka P.S. Case no. 382 of 2025, on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Banka, subject to the condition laid down under Section 482(2) of the B.N.S.S., and subject to the following condition:- (I) That the learned Court concerned 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 concerned 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 of or in the name of verification. shital/- (Ritesh Kumar, J) U T