Anand ShankarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26156 of 2026
                       Arising Out of PS. Case No.-142 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Anand Shankar S/o Vishwanath Ojha Resident of Village- Katri Dih (In
                 Impugned Order wrongly typed Katri Sarai), P.S.- Giriyak (Katri Sarail),
                 District- Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Singh, Adv.
                                                  Ms. Rakhee Gupta, Adv.
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-04-2026                     Heard Ms. Rakhee Gupta, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Singh for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Griyak (Katri Sarai) P.S. Case No. 142 of 2025

                   for the offence under sections 126(2), 117(2), 118(1), 109(1),

                   351(3), 352 and 3(5) of the BNS lodged on 10.04.2025 by the

                   informant, Amrendra Pratap.

                                 3. As per the prosecution story, the informant alleged

                   that on 10.04.2025, when he alongwith his brother were

                   returning home, on the order of petitioner no. 1, Vishwanath

                   Ojha both his sons, petitioner nos. 1 and 2 namely Anand

                   Shankar and Vijay Shankar assaulted. Anand Shankar gave knife

                   blow to his brother, Dhirendra Pratap causing grievous injury on
Patna High Court CR. MISC. No.26156 of 2026(2) dt.17-04-2026
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          the nose and when he tried to rescue him, another petitioner,

          Vijay Shankar gave lathi' blow causing injury on the hand. This

          led to the FIR.

                       4. In Cr. Misc. No. 70285 of 2025 (Vishwanath Ojha

          & ors. vs. State of Bihar), this Court on 13.10.2025 allowed the

          present petitioner to withdraw the anticipatory bail application

          which was accordingly dismissed as withdrawn.

                       5. This is the second attempt for the grant of

          anticipatory bail.

                       6. Learned counsel for the petitioner submits that

          since one of the brother, Vijay Shankar moved before the

          Hon’ble Apex Court in Cr. App. – of 2026 arising out of SLP

          (Crl.) No. 1304 of 2026 (Vijay Shankar vs. State of Bihar)

          and the same was allowed on 23.02.2026, the petitioner also is

          entitled for the relief.

                       7. Learned APP opposes the prayer submitting that not

          only after the withdrawal of the anticipatory bail, second

          attempt is being taken by the petitioner, the allegation against

          Vijay Shankar is quite different from that of this petitioner

          inasmuch as the knife blow inflicted by him to Dhirender Pratap

          caused injury on the nose which was found grievous in nature.

          Vijay Shankar on the other hand gave ‘lathi’ blow on the hand.
           Patna High Court CR. MISC. No.26156 of 2026(2) dt.17-04-2026
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                                  8. This Court has gone through the facts of the case

                     and the materials on record. Admittedly, the allegation against

                     Vijay Shankar is different from this petitioner inasmuch he is

                     alleged to have given the ‘lathi’ blow whereas in the case of this

                     petitioner, he gave knife blow causing grievous injury on the

                     nose of Dhirender Pratap.

                                  9. This was the basis for his earlier withdrawal of the

                     anticipatory bail application. However, months later, instead of

                     surrender and prayer for bail before the Sessions Court, the

                     second attempt.

                                  10. No relief can be extended to him. In this

                     background, the anticipatory bail application stands rejected

                     once again.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U