Bhola @ Ankit Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41113 of 2025

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Arising Out of PS. Case No.-71 Year-2024 Thana- DALMIYA NAGAR SAHAYAK DistrictRohtas

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Bhola @ Ankit Kumar Son of collector Yadav @ kalaktar Singh VillageNew Gangauli, Ps- Dalianagar, Dist- Rohtas

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Ankush Kumar son of collector yadav @ Kalaktar Singh Village- New Gangauli, Ps- Dalianagar, Dist- Rohtas

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Bhuar @ Ankuar son of Collector Yadav @ Kalaktar Singh Village- New Gangauli, Ps- Dalianagar, Dist- Rohtas

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Neelu Kumari Daughter of Collector Yadav @ Kalaktar Singh Village- New Gangauli, Ps- Dalianagar, Dist- Rohtas

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Pramila Devi Wife of Collector Yadav @ Kalaktar Singh Village- New Gangauli, Ps- Dalianagar, Dist- Rohtas

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 09-07-2025 Heard the parties.

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The petitioners are apprehending arrest in connection with Dalmianagar P.S. Case No. 71/2024 instituted under Sections 126(2), 115(2), 303(2), 124(2), 352, 351, 3(5) of B.N.S. lodged on 09.12.2024 by the informant, Anjan Singh.

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As per the prosecution story, the informant alleged that one Bhola Yadav came to the door of the informant and insulted him. When his son protested, the allegation is that scuffle took place in which accused side assaulted him. Specific allegation is against Bittu that he brought acid from his house and threw it causing injury on the stomach of the informant.

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Patna High Court CR. MISC. No.41113 of 2025(2) dt.09-07-2025 2/3

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Only after the police 112 was dialed, they escaped. This led to the FIR.

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Learned counsel for the petitioners submit that a perusal of the FIR would show that omnibus allegation is against the accused persons, entire family has been roped in, main allegation is against Bittu and they have no criminal antecedent.

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Learned APP opposes the prayer stating that though omnibus allegation, assault theory is against all the accused persons.

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Considering the submissions of the parties as also the fact that a perusal of the FIR would show that allegation is mainly against Bittu, these petitioners have no criminal antecedent, are family members, one of the petitioner is a girl, all are young persons, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

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Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Dalmianagar P.S. Case No. 71/2024 to the satisfaction of learned S.D.J.M., Dehri

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Patna High Court CR. MISC. No.41113 of 2025(2) dt.09-07-2025 3/3

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subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

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(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

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(ii) the petitioners 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 their bail bond by the Trial Court itself;

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(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;

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(iv) the petitioners 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;

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(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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U T

Bhola @ Ankit Kumar v. The State of Bihar

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Bhola @ Ankit Kumar v. The State of Bihar

Case brief

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