IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88323 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- MALI District- Aurangabad ====================================================== 1. Sikandra Yadav @ Sikandra Kumar S/O Ram Awatar Yadav @ Ram watar Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). 2. Kamlesh Yadav @ Kamlesh Kumar S/O Kewal Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). 3. Rakesh Kumar S/O Late Lakhan Yadav R/O Village- Parmeshari, P.S.- Mali, District- Aurangabad (Bihar). 4. Mukesh Yadav S/O Late Lakhan Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). 5. Jitendra Yadav S/O Ram Awatar Yadav @ Ram watar Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). 6. Lallu Yadav S/O Naresh Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). 7. Kalendra Yadav S/O Ram Awatar Yadav @ Ram watar Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 09-01-2026 Heard Mr. Rakesh Kumar, learned counsel for the petitioners and Mr. Tarun Prasad Mandal, learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Mali P.S. Case No. 148 of 2025, F.I.R. dated 31.07.2025 registered for the offences punishable under Sections 109, 127(1), 127(2), 191(2), 191(3), 190, 115(2), Patna High Court CR. MISC. No.88323 of 2025(2) dt.09-01-2026 2/4 118(1), 118(2), 352, 351(2), 351(3), 3(5) of the B.N.S. 3. As per prosecution case, petitioners and other co- accused persons are alleged to have assaulted the informant and others with lathi, garasa, sword due to which the informant and his family members got injuries on hand and head. 4. Learned counsel for the petitioners submit that the petitioners have clean antecedent and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. Petitioners and informant are agnates and due to admitted land dispute, the present occurrence has taken place. There is no specific allegation of overt act against the petitioners rather the allegation are general and omnibus. 5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for grant of anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedent and there is no specific allegation of overt act against the petitioners rather the allegation are general and omnibus, in the event of their arrest or surrender before the court below within a period Patna High Court CR. MISC. No.88323 of 2025(2) dt.09-01-2026 3/4 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 148 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 :- (1) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioners 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, 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 Patna High Court CR. MISC. No.88323 of 2025(2) dt.09-01-2026 4/4 shall not be delayed for purpose of or in the name of verification. Ranjeet/- (Rajesh Kumar Verma, J) U T