IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5096 of 2026 Arising Out of PS. Case No.-156 Year-2025 Thana- MOKAMAH District- Patna ====================================================== 1. Nago Rai S/o Baleshwar Rai Resident of Village- Naya Tola Mekra, P.S.- Mokama, District- Patna 2. Machhu Rai S/o Shiv Charan Rai Resident of Village- Naya Tola Mekra, P.S.- Mokama, District- Patna 3. Lalin Rai @ Ram Laulin Rai S/o Late Satyanarayan Rai Resident of Village- Naya Tola Mekra, P.S.- Mokama, District- Patna 4. Subodh Rai S/o Bhajju Rai Resident of Village- Naya Tola Mekra, P.S.- Mokama, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 17-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehended their arrest in connection with Mokama P.S. Case No. 156 of 2025, F.I.R dated 05.04.2025 registered for the offences punishable under Sections 329(3), 115(2), 119(1), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 04.04.2025 at 12 ‘o’ Clock night, the accused persons have looted sacks of wheat Patna High Court CR. MISC. No.5096 of 2026(2) dt.17-02-2026 2/3 which is weight about 16 quintals at gun point. It is further alleged that all accused persons fired and created havoc and assaulted the informant and threatened them. 4. Learned counsel for the petitioners submits that for an existing land dispute, the instant case is said to have been lodged making an allegation of looting sacks of wheat to the tune of 16 quintals at gunpoint, whereas, in the First Information Report no case has been registered under the Arms Act. It is next submitted that the petitioners have clean antecedent. It is next submitted that co-accused has already granted bail by the Co- ordinate Bench of this Court vide order dated 04.02.2026 passed in Cr. Misc. No. 6682 of 2026. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances, accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the trial Court 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 Patna High Court CR. MISC. No.5096 of 2026(2) dt.17-02-2026 3/3 of the learned A.C.J.M, III or his successor, Barh, District-Patna in connection with Mokama P.S. Case No. 156 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) The petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) The petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) The petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds Mayank/- (Ramesh Chand Malviya, J) U T