IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77708 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- KATORIYA District- Banka ====================================================== 1. Shyam Sundar Yadav S/o Kisho Yadav Resident of village - Kaithatikar, P.S.- Katoria, District- Banka 2. Manoj Yadav S/o Govind Yadav Resident of village - Kaithatikar, P.S.- Katoria, District- Banka 3. Sanjay Yadav S/o Govind Yadav Resident of village - Kaithatikar, P.S.- Katoria, District- Banka 4. Gopeshwar Yadav S/o Late Amir Yadav Resident of village - Kaithatikar, P.S.- Katoria, District- Banka 5. Chunku @ Raksh Yadav S/o Girjo Yadav Resident of village - Kaithatikar, P.S.- Katoria, District- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80122 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- KATORIYA District- Banka ====================================================== Girja Yadav @ Girjo Yadav S/O Amir yadav Resident of village- Tithibaran, P.s.- Katoria, District- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 77708 of 2025) For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 80122 of 2025) For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 09-02-2026 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary. Patna High Court CR. MISC. No.77708 of 2025(3) dt.09-02-2026 2/3 2. The petitioners apprehend their arrest in connection with Katoria P.S. Case No. 219 of 2024, corresponding to GR No. 3133 of 2024 instituted for the offences under Sections 126(2), 115(2), 303(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case, in short, is that the accused persons including the petitioners assaulted the informant’s brother during a land dispute while cutting soil with a JCB, causing head injury, snatched his gold chain, and he was treated at Katoria Hospital and referred to J.L.N.M.C.H., Bhagalpur. 4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case due to previous land dispute between the parties. Learned counsel further submitted that there is a delay of two days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The only specific overt act is alleged against co-accused Pawan Yadav. It has been submitted on behalf of the petitioners that the Patna High Court CR. MISC. No.77708 of 2025(3) dt.09-02-2026 3/3 petitioners have no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katoria P.S. Case No. 219 of 2024, corresponding to GR No. 3133 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Alok Verma/- (Rudra Prakash Mishra, J) U T