IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4142 of 2026 Arising Out of PS. Case No.-439 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Arjun Turha @ Arjun Kumar S/o- Late Ramesh Sah Village- Shrinagar , P.S.- Mairwa, District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate For the State : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 06-02-2026 Heard Mr. Raghav Prasad, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Mairwa P.S. Case No. 439 of 2025, F.I.R. dated 28.10.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1),109, 352, 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Allegation against the petitioner is that he along with other co-accused persons and 10 unknown persons surrounded the informant armed with rod, farsa, chaku, lathi- danda and started hurling abuses and committing marpit with him. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as Patna High Court CR. MISC. No.4142 of 2026(2) dt.06-02-2026 2/3 alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R. it appears that there is specific allegation of assault is against co-accused persons namely Arvind Kumar and Sonu Kumar and the allegation is against co-accused person namely Vishal Kumar that he has put the pistol upon the informant and there is no specific allegation of any assault or overt act against the petitioner in the F.I.R. 5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner in the F.I.R., let the petitioner, above named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Mairwa P.S. Case No. 439 of 2025, 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 :- Patna High Court CR. MISC. No.4142 of 2026(2) dt.06-02-2026 3/3 (1) 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. (2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) 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 antecedents, the court below shall take step for 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. Ibrar//- (Rajesh Kumar Verma, J) U T