Siwan v. For the Informant

Judgment

#1. Lalbihari Mahato S/o Late Ramlal Mahato

#2. Kiran Kumari D/o Lalbihari Mahato

#3. Sharda Devi W/o Lalbihari Mahato All are R/o vill - Chauki Hasan, P.S.- Gautam Budh Nagar, Distt.- Siwan, Bihar The State of Bihar Versus ... ... Petitioner/s ====================================================== ... ... Opposite Party/s Appearance : For the Petitioner/s For the Informant For the State : : :

Mr. Amarendar Kumar, Adv. Mr. Rajeev Ranjan, Adv. Mr(s). Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 17-02-2026 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

#2. The petitioners are apprehending their arrest in connection with G.B. Nagar P.S. Case No. 482 of 2025 registered for the offence(s) under Section(s) 126(2), 115(2), 118(1), 109, 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Patna High Court CR. MISC. No.8388 of 2026(2) dt.17-02-2026 Sanhita, 2023 (B.N.S.).

#3. As per the prosecution case, the informant has alleged that some boys were quarreling and when her father-in- law went to pacify the matter, the accused persons started assaulting and when halla was raised, it is alleged that the entire family was assaulted with lathi-danda etc., causing injury on the head of the informant.

#4. The learned counsel for the petitioners submits that the petitioners have falsely been implicated on account of family dispute between the informant and the petitioners. It has been submitted that besides the present case, there are three criminal cases between the same parties of the year 2017. It has further been submitted that there is no specific allegation of assault on any one of the petitioners and from perusal of the injury report, which has been brought on record, it would be evident that the said injuries were found to be simple in nature. It has next been submitted that petitioner Nos. 2 and 3 are ladies and they have falsely been implicated only to settle personal scores. It has lastly been submitted that the petitioner No. 2 has clean antecedent, whereas petitioner Nos. 1 and 3 carries two and three criminal antecedents respectively against their names and in all such cases, they are on bail. Patna High Court CR. MISC. No.8388 of 2026(2) dt.17-02-2026

#5. The learned A.P.P. for the State as also the learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and have submitted that the petitioners were involved in assault, resulting in injuries upon the informant and others. It has also been submitted that there is a long list of cases pending between the parties and on account of the same, the petitioners had taken law in their hands.

#6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above-named, be released on anticipatory bail, in the event of their arrest or surrender before the concerned Court/successor Court within a period of four weeks from today, on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with G.B. Nagar P.S. Case No. 482 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions : (i) One of the bailors of the petitioners shall be their Patna High Court CR. MISC. No.8388 of 2026(2) dt.17-02-2026 close relative and the other shall be a local resident. (ii) The petitioners shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the concerned Court. (iv) The concerned Court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that he has concealed their criminal antecedent, the Court concerned shall take necessary steps for cancellation of their bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

#7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

#8. The application stands allowed. Praveen-II/- U T (Sourendra Pandey, J)