IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90315 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran ====================================================== 1. Aadil khan @ Aadil imran son of Idat Ali Resident Of Village -Dargahi Tola Police Station -Baniyapur District- Saran 2. Ejaj Khan @ Md. Ejhad son of Hardan Khan Resident Of Village -Dargahi Tola Police Station -Baniyapur District- Saran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mili Kumari For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 15-01-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehended his arrest in connection with Baniyapur P.S. Case No. 264 of 2025, F.I.R dated 14.06.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2), 109, 103(1), 76, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 13.06.2025 at about 9:00 P.M., the informant was at home when several named and unknown accused persons arrived armed with lathi, danda, sword and farsa and abused her. When her husband and Patna High Court CR. MISC. No.90315 of 2025(2) dt.15-01-2026 2/4 nephew objected, they were allegedly assaulted with sharp weapons, causing serious injuries. It is further alleged that the informant was outraged and the accused fled on arrival of police. The injured were taken to hospital, and the informant’s husband later died during treatment. The alleged motive is prior dispute. 4. Learned counsel for the petitioners submits that the petitioners involvement in the instant case has been only shown to be a member of mob, whereas, there is nothing specific allegations against this petitioner, and the specific allegations of overact is against Shjoaib Khan, Asad Iqbal, Sahnaz Khan, Irafil Khan & Jugnoo Khatoon, who are said to have caused injury to the husband of the informant with lathi, danda sward & farsa. It has next been submitted that the F.I.R is against 40 persons out of which 20 persons are named with specific allegations, whereas 20 unknown persons is also implicated. It has next been submitted that similarly situated persons, namely, Anamul Haque against whom the similar allegations have levelled has already been extended the benefit of anticipatory bail by co-ordinate bench of this Court. 5. Learned APP for the State opposes the prayer for anticipatory bail application. Patna High Court CR. MISC. No.90315 of 2025(2) dt.15-01-2026 3/4 6. Considering the aforesaid facts and circumstances the petitioners are said to be member of mob, while there is no specific allegations against these petitioners. 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 his/her 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) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Saran at Chapra in connection with Baniyapur P.S. Case No. 264 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; Patna High Court CR. MISC. No.90315 of 2025(2) dt.15-01-2026 4/4 (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. abhishekkr/- (Ajit Kumar, J) U T