IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9431 of 2026 Arising Out of PS. Case No.-168 Year-2025 Thana- BARAULI District- Gopalganj ====================================================== Ashok Srivastava @ Vishwa Deepak Kumar S/o Late Bangali Srivastava @ Bangali Doctor @ Sirish Chandra Deb R/o Vill- Bakhraur Panchapatiya, P.S- Barauli, Dist- Gopalganj, Presently residing at 1st ward, Hulla Lingapur, P.S.- Munirabad Rural, Distt.- Kopal, Karnataka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jeetendra Narayan For the Opposite Party/s : Mr.Binod Kumar For the informant : Mr. Javed ASlam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 28-04-2026 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 168 of 2025 dated 09.06.2025 registered under Section 126(2), 115(2), 117(2), 109(1), 303(2), 351(2), 351(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. As per the first information report on 06.06.2025 at about 2:00 O’ Clock the nephew of the informant Umar Farooq aged about 16 years went to the mango orchard and saw that the petitioner along with other accused person was there in the mango orchard with an intention to pluck mango. On protest, they started abusing. The co-accused Situ Srivastava and the petitioner assaulted the nephew of the informant by iron rod and Patna High Court CR. MISC. No.9431 of 2026(3) dt.28-04-2026 2/3 sharp cutting weapon ‘farsa’. The allegation against the petitioner is that he assaulted the nephew of the informant by means of ‘farsa’. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dispute regarding orchard. As per the F.I.R. the petitioner as well as Situ Srivastava assaulted the informant’s nephew on the head through sharp cutting weapon and iron rod. The allegation against Situ Srivastava is that he assaulted the informant’s nephew with iron rod on his head. The injury caused to the informant’s nephew is by a hard and blunt substance and not by a sharp cutting weapon. Situ Srivastava was taken into custody and has been granted bail. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner as well as the co-accused Situ Srivastava that both assaulted informant’s nephew on his head by ‘farsa’ and iron rod respectively. 6. Regard being had to the submission made by the parties, taking into consideration the fact that allegation against the petitioner is that he assaulted the nephew of the informant Patna High Court CR. MISC. No.9431 of 2026(3) dt.28-04-2026 3/3 by ‘farsa’ but no prima facie injury caused by ‘farsa’ has been found on the head of the victim and the victim has sustained lacerated wound on his head caused by hard and blunt substance, accordingly, I am inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Miss Uzma Quamar, learned Judicial Magistrate-1st Class, Gopalganj in connection with Barauli P.S. Case No. 168 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T