MD. SANAUL @ SK. SANAUL @ SANAULLAHversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9676 of 2026
                        Arising Out of PS. Case No.-264 Year-2025 Thana- BARSOI District- Katihar
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           1.     Md. Sanaul @ Sk. Sanaul @ Sanaullah, S/O Late Suleman Resident of Vill.-
                  Lahgariya, P.S.- Barsoi, District- Katihar
           2.    Md. Sajid, S/O late Ansar Alam Resident of Vill.- Lahgariya, P.S.- Barsoi,
                 District- Katihar
           3.    Imran @ Imran Alam, S/O Sk. Sanaul Resident of Vill.- Lahgariya, P.S.-
                 Barsoi, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kuar, Advocate
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Barsoi P.S. Case No.264 of 2025 registered for the offences

                   under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 352, 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case is to the effect that the

                   petitioners, along with others, had assaulted the informant and

                   others with knives, swords, and other weapons. It is alleged that

                   the petitioners had caused grievous injuries to the injured

                   persons.
Patna High Court CR. MISC. No.9676 of 2026(2) dt.24-02-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case and the

          allegations levelled in the FIR are not corroborated by the injury

          sustained by the injured persons. It has specifically been

          submitted that the person who is alleged to have caused injury

          by a sharp cutting weapon, the wound, is said to be lacerated

          near the ears of the said injured. It has been admitted that

          though the injuries are said to be grievous, however, they are at

          non-vital part of the body and for the same occurrence there was

          a case and countercase, and both the sides have received

          grievous injury. It has next been submitted that a partition suit is

          already pending between the parties and the informant’s side has

          already been granted bail after surrendering by the learned Trial

          Court itself. It has lastly been submitted that petitioner nos.1 and

          2 have clean antecedents, while petitioner no. 3 has one criminal

          antecedent.

                       5. Learned APP for the State and learned counsel for

          the informant have opposed the prayer for anticipatory bail and

          have stated that there is specific allegations of assault against

          these petitioners and two of the injuries are said to be grievous.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties and
Patna High Court CR. MISC. No.9676 of 2026(2) dt.24-02-2026
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          taking into account the fact that there is a case and countercase

          for the same occurrence and the injuries sustained by the injured

          were on the non-vital part of the body, let the petitioners above

          named be released on anticipatory bail, in the event of arrest or

          surrender before the learned Court below within a period of four

          weeks from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Barsoi P.S. Case

          No.264 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be their
                          close relative.
                          (ii) The petitioners shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioners will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioners are found involved in similar
                          nature of offence in future, the prosecution shall be at
                          liberty to move for cancellation of their bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioners and in case at any stage it
              Patna High Court CR. MISC. No.9676 of 2026(2) dt.24-02-2026
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                                        is found that the petitioners have concealed their
                                        criminal antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioners. However,
                                        the acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.
                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T