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2026 Supreme(Online)(Pat) 3703

PATNA HIGH COURT
Prabhat Kumar Singh, J
Guleshwar Yadav @ Guli Yadav – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1621 of 2026



Advocates:
For the Petitioners: Mr. Bipin Kumar
For the Respondents: Mr. Pramod Kumar Pandey, APP

The court grants anticipatory bail based on factors like relationship, general nature of accusation, and FIR delay.

Headnote:In this matter concerning anticipatory bail under Sections 126(2), 115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S., the petitioners, alleged to have assaulted the informant and family over a trivial matter, contended innocence citing a family dispute and delay in FIR. The court allowed the bail application considering the nature of allegations and relationship between the parties. The court stated, 'Considering the facts and circumstances of the case... the prayer for grant of anticipatory bail to the petitioners is allowed.'

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 110, 352, 351(2) and 3(5) of the B.N.S. .

3. As per prosecution case, on a trivial issue of tying of buffaloes, all the F.I.R. named accused persons, including these petitioners, assaulted informant, his wife and daughter resulting in injuries to them.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case due to partition dispute between the parties. Petitioner No. 1 is father of the informant, Petitioner No. 2 is brother of the informant and Petitioner No. 3 is mother of the informant. It is further submitted that the alleged occurrence took place on 28.05.2025 whereas the present F.I.R. has been lodged after inordinate delay of 10 days on 07.06.2025 and there is no plausible explanation for the same which itself makes the entire prosecution case doubtful. Moreover, allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, relationship between the parties, general and omnibus nature of accusation, delay in lodging of the F.I.R. and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Chewara P.S. Case No. 40 of 2025, subject to condition as laid down under Section

482(2) of the B.N.S. S..

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