Bhavesh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29433 of 2026
                      Arising Out of PS. Case No.-215 Year-2024 Thana- KATORIYA District- Banka
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                 Bhavesh Yadav S/o Kameshwar Yadav R/o Village - Jayshree, P.S. - Katoriya,
                 District - Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjan Kumar Jha, Adv.
                 For the Opposite Party/s :      Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-06-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Katoriya P.S. Case No. 215 of 2024 dated 22.09.2024

                   registered for the offence punishable under Section/s 126(2),

                   115(2), 117(2), 109, 76, 303(2), 351(2), 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                           3. The prosecution case, in brief, is that on 21.09.2024 at

                   about 8:00 P.M., the Informant found the accused persons

                   assaulting Kamdev Yadav. When Vijaya Devi intervened, she

                   was allegedly struck on the head with an iron rod by Bhavesh

                   Yadav (petitioner), causing a fracture injury. It is further alleged

                   that the informant and his wife were also assaulted, the wife's

                   silver chain was snatched, and silver ornaments along with cash
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          of Rs. 20,000/- were taken away from Kamdev Yadav's house.

          The accused persons also threatened the informant with dire

          consequences.

                  4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely implicated in the present

          case. It is submitted that for constructing a boundary wall, the

          altercation is said to have been taken place between the parties,

          while the petitioner and the Informant are brothers. It is further

          submitted that the injuries, which is said to have been sustained

          by the Informant, have been found to be simple in nature. The

          petitioner undertakes not to commit the same offence in future if

          he is enlarged on anticipatory bail. Lastly, it is submitted that the

          petitioner is a person of clean antecedent.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the dispute arose out of the construction

          of a boundary wall between the parties, who are brothers, and

          further considering that the petitioner has no criminal

          antecedents and undertakes not to commit a similar offence in

          future, let the petitioner, above named, be released on

          anticipatory bail in the event of his arrest or surrender before the
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                        court below within a period of six 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

                        learned Chief Judicial Magistrate, Banka in connection with

                        Katoriya P.S. Case No. 215 of 2024, subject to the condition as

                        laid down under Section 482(2) of the B.N.S.S. as well as the

                        following conditions:

                                (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 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.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T