Vindeshwari Ray @ Vindeshwari RoyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9189 of 2026
                      Arising Out of PS. Case No.-159 Year-2025 Thana- MORKAHI District- Khagaria
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                 Vindeshwari Ray @ Vindeshwari Roy Son of Late Jagarnath Roy Resident of
                 village- Ward no. 6, Rasaunk, Ps- Morkahi, Dist- Khagaria

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Samrendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Morkahi P.S. Case No. 159 of 2025 dated

                   27.10.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5)

                   of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, due to a dispute over

                   agricultural land, on 24.10.2025 at about 9:30 P.M., the

                   petitioner and others allegedly assembled in the street armed

                   with lathi and iron rods. It is alleged that when the informant’s

                   husband reached there, the accused persons caught hold of

                   him and dragged him and at the behest of the petitioner, co-
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          accused namely, Ravish Kumar, Ajay Patel @ Nitish and

          Pankaj Kumar assaulted the informant’s husband on his head

          by means of iron rod as a result of which he sustained head

          injury. When the informant and her sister in law (nanad) tried

          to intervene, they were also assaulted. It is further alleged that

          during the occurrence, a gold chain worth Rs. 50,000/- was

          snatched from the neck of the informant’s husband.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has committed no offence as

          alleged in the F.I.R. From the perusal of F.I.R., it appears that

          the occurrence took place on 24.10.2025 and the F.I.R. was

          registered on 27.10.2025 i.e. after delay of about three days

          and no plausible explanation has been given regarding the

          same delay, which creates doubt on the prosecution story. It is

          further submitted that there is case and counter case between

          the parties. Learned counsel submits that from perusal of the

          F.I.R., several persons are alleged to have assaulted the

          informant’s husband, but only two injuries have been found,

          which are simple in nature caused by hard and blunt

          substance. It is submitted that there is no specific overt act

          attributed to the petitioner except the allegation that he

          ordered the co-accused persons to assault. The petitioner is
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          aged about 76 years and has not himself assaulted anyone. It

          is further submitted that no offence as alleged in the F.I.R. is

          made out against the petitioner. Petitioner bears one criminal

          antecedent in which he is on bail.

                       5. Learned A.P.P. for the State opposed the prayer

          for anticipatory bail and submits that the petitioner is F.I.R.

          named accused hence, he cannot escape from the allegations

          made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, the petitioner is aged about 76 years, there is no specific

          overt act of assault against the petitioner, the argument

          advanced on behalf of both sides and also taking into

          consideration the materials available on record, the petitioner

          above-named, in the event of his arrest or surrender before the

          learned trial court within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Khagaria in connection with Morkahi

          P.S. Case No. 159 of 2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.
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                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T