IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22344 of 2026 Arising Out of PS. Case No.-297 Year-2025 Thana- BAUNSI District- Banka ====================================================== 1. Mikandar Yadav @ Makindar Yadav Son of Late Jairam Yadav Resident of village -Porany P S- Bounsi District -Banka 2. Babita Devi Wife of Mikandar yadav Resident of village -Porany P S- Bounsi District -Banka 3. Pramod yadav Son of Umesh yadav Resident of village - Babu tola, Block Gate, Ps- Banka Dist- Banka 4. Golu Kumar son of Umesh Prasad yadav Resident of village - Babu tola, Block Amarpur Road, Ps- Banka Dist- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner Nos.1 and 4. 3. Permission is accordingly granted. 4. Considering the aforesaid submissions, the anticipatory bail application with respect to petitioner Nos.1 and 4 stands dismissed as withdrawn and the petitioner is at liberty to surrender before the Trial Court within a period of Patna High Court CR. MISC. No.22344 of 2026(3) dt.06-05-2026 2/4 four weeks from today and it is expected that on surrender, his regular bail application will be heard on merits. 5. Now, the anticipatory bail application with respect to petitioner Nos.2 and 3 are being considered. 6. The petitioners are apprehending their arrest in connection with Bounsi P.S. Case No.297 of 2025, F.I.R dated 21.10.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 329(4), 324(4), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 7. According to prosecution case, on 18.10.2025 at about 8:30 A.M., while the informant was at his house, all the petitioners/accused persons named in the FIR allegedly arrived armed with lathi, bhala, sarsa and sword, forcibly entered the house and assaulted the informant, causing head injuries. When the informant’s wife came to rescue him, she was also assaulted by the accused persons, who further threatened to kill them if the matter was reported to the Police. 8. Learned counsel for the petitioner by referring to the allegations made in the F.I.R. and as also that the role of petitioner Nos.2 and 3 have not been attributed in the F.I.R. and therefore, while the petitioner No.3 is brother of petitioner No.2 and had visited the house for some personal reason and is in no Patna High Court CR. MISC. No.22344 of 2026(3) dt.06-05-2026 3/4 way connected with the incident in question. It has further been prayed that petitioner Nos.2 and 3 have clean antecedent and on this ground, learned counsel for the petitioner seeks privilege of anticipatory bail. 9. Learned APP for the State opposes the prayer for anticipatory bail application. 10. Considering the aforesaid facts and circumstances that the petitioner Nos.1 and 4 have already been withdrawn while there being no specific allegation against the petitioner Nos.2 and 3 and petitioner Nos.2 and 3 have clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 11. Let the petitioners, above named, in the event of their 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 C.J.M., Banka, in connection with Bounsi P.S. Case No.297 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:- Patna High Court CR. MISC. No.22344 of 2026(3) dt.06-05-2026 4/4 (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit 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; (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. sharun/- (Ajit Kumar, J) U T