Tilkeshwar JhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37002 of 2026
                    Arising Out of PS. Case No.-68 Year-2026 Thana- KHANPURA District- Samastipur
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           1.     Tilkeshwar Jha Son of Sitaram Jha R/V- Rajwara Ward No.- 9, P.S.-
                  Khanpur, District - Samastipur
           2.    Bablu Jha Son of Tilkeshwar Jha R/V- Rajwara Ward No.- 9, P.S.- Khanpur,
                 District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 For the Informant        :      Mr. Kumar Praveen, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-06-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 324(4), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS,

                   2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 09.03.2026 at about 10:20 PM, he was sleeping

                   at his door when all the FIR named accused persons including

                   the petitioners along with 4-5 unknown accused came variously
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          armed and started abusing the informant, on protest, the accused

          persons said that the constructed building of the informant is on

          their land, thereafter, Tilkeshwar Jha gave orders to destroy the

          house and the goods, on which accused persons started

          destroying the household articles and when informant

          intervened, Sonu assaulted informant by an iron rod causing

          injury on head, thereafter Jitan assaulted by dabia on his neck,

          but missed and the blow hit on his left hand causing injury on

          finger, thereafter Bablu and co-accused Lalit tied a rope around

          the neck of the informant and dragged causing suffocation.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant on account of dispute relating to land. It is next

          submitted that the date of occurrence is 09.03.2026 and the FIR

          has been instituted on 02.04.2026 i.e. after a delay of more than

          24 days which casts an aspersion on the case of the prosecution.

          It is further submitted that even the FIR does not disclose the

          name of the hospital where the informant was treated. It is next

          submitted that it does not appear probable that had the informant

          been assaulted in the manner as alleged, in that event the

          hospital would have informed the police that an injured has been

          admitted in the hospital who had suffered assault. It is further
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          submitted that specific allegation of assaulting the informant on

          his head is against Sonu and as far as present petitioners are

          concerned, the allegation against them is general and omnibus in

          nature. It is reiterated and submitted that it does not appear

          probable that had the informant been assaulted in the manner as

          alleged and would have been under treatment in a hospital for

          25 days, in that event the hospital would not have informed the

          police or any family members of the informant would not have

          instituted an FIR, which definitely casts an aspersion on the case

          of the prosecution.

                       5. Learned A.P.P. for the State as well as the learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioners, but then are not

          in a position to rebut the submissions of the learned counsel

          appearing on behalf of the petitioners that the FIR has been

          instituted after a delay of 25 days based on written application

          of the informant.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
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                      sureties of the like amount each to the satisfaction of the learned

                      trial court where the case is pending/successor court in

                      connection with Khanpur P.S. Case No. 68 of 2026 subject to

                      the conditions as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T