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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59128 of 2026 Arising Out of PS. Case No.-223 Year-2026 Thana- SURYAPURA District- Rohtas ======================================================
1. Vindhyachal Pandey S/O Late Bhagwat Pandey R/O Village- Dabariya, P.S.- Surajpura, Dist.- Rohtas
2. Abhay Pandey @ Abhay Kumar S/O Vindhyachal Pandey R/O Village- Dabariya, P.S.- Surajpura, Dist.- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ganesh Prasad Singh, Advocate For the Opposite Party/s : Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 19-08-2026 Heard Mr.Ganesh Prasad Singh, learned counsel for the petitioners and Mr.Umeshanand Pandit, learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Suryapura P.S.Case No.223 of 2026, FIR dated 15.07.2026 registered for the offences punishable under Sections
190,191(1),126(2),115(2),117(1),109,352,351(2)of BNS, 2023. 3. As per FLR., the informant has alleged that on 15.07.2026 at about 8:00 A.M., during dispute of irrigation, the accused persons named in FIR, came with armed and started abusing and assaulting him by fists and legs. It is further alleged that at the instance of accused Vindhyachal Pandey, accused
Patna High Court CR. MISC. No.59128 of 2026(2) dt.19-08-2026 2/3 Amarjit Pandey assaulted him by means of iron-rod, due to which he sustained head injury. 4. Learned counsel for the petitioners submits that from a bare perusal of the FIR it appears that due to irrigation dispute in the field, the present occurrence has taken place. There is case and counter case. Although there is specific allegation against the petitioners is that they assaulted to the informant and his family members but the injury report of the injured persons is simple in nature. 5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners are named in the FIR, apart from that, the petitioners carry one more case other than the present one but fairly submits that the petitioners are on bail in the said case, as mentioned in para-3 of the bail petition. 6.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 Judicial Magistrate, 1st Class, Bikramganj (Rohtas) in connection with Suryapura
Patna High Court CR. MISC. No.59128 of 2026(2) dt.19-08-2026 3/3 P.S.Case No.223 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, 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 of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T