##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1965 of 2026

Arising Out of PS. Case No.-89 Year-2025 Thana- CHANDAN District- Banka

======================================================

1. Birbal Das S/o Jagdish Das Resident of vill- Shekhpura Tand, P.S- Chandan,

Distt.- Banka

2. Santosh Kumar Das @ Santosh Das S/o Ugan Das Resident of vill-

Shekhpura Tand, P.S- Chandan, Distt.- Banka

3. Manoj Das @ Manoj Kumar Das S/o Navin Das @ Nabi Das Resident of

vill- Shekhpura Tand, P.S- Chandan, Distt.- Banka

4. Chandrashekhar Das S/o Late Fakir Das Resident of vill- Shekhpura Tand,

P.S- Chandan, Distt.- Banka

5. Atbari Das S/o Sarall Das Resident of vill- Shekhpura Tand, P.S- Chandan,

Distt.- Banka

6. Gobind Das S/o Late Laxman Das Resident of vill- Shekhpura Tand, P.S-

Chandan, Distt.- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Dhananjay Kumar Pandey

For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem

======================================================

CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH

ORAL ORDER

2 28-01-2026 1. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor representing the State.

2. This anticipatory bail application under Section 482 of

BNSS, 2023 has been preferred by the petitioners after rejection

of their anticipatory bail application by order dated 24.11.2025

passed by learned Sessions Judge, Banka, seeking Anticipatory

Bail in connection with Chandan P.S. Case No. 89 of 2025

registered under Sections 191(2), 190, 191(3), 189(6), 126(2),

Patna High Court CR. MISC. No.1965 of 2026(2) dt.28-01-2026

2/6

115(2), 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS,

District Banka.

3. Brief facts of the case, which are required to be stated

are that informant-Kamleshwar Ram got a First Information

Report lodged against 11 accused persons including the

petitioners with the allegations inter-alia that on 12.08.2025, at

10:00 am, accused persons namely, Chanda Shekhar Das

(petitioner No. 4), Gobind Das (petitioner No. 6), Ankur Das,

Manoj Das (petitioner No. 3), Kapil Deo Das, Umesh Das,

Santosh Das (petitioner No. 2), Mhatwari Das, Birbal Das

(petitioner No. 1), Tuna Das, Ishwar Das and 80-90 unknown

persons by hatching conspiracy with each other started

ploughing his ancestral land. When they asked the reason, then

Chandra Shekhar Das who was holding an axe in his hand with

intention to kill hit Arjun Das, resultantly his head ruptured and

blood started oozing. On the exhortation of others, Gobind Das

hit Mamleshwar Rai on his head with an axe. Ankur Das hit

Abhijit Rai on his head with an axe (Farsa). Kapildeo Das hit

with iron rod on the head of Surjit. Umesh Das attacked on Shiv

Shankar Rai with stone, resultantly he became injured. They all

also took out Rs. 1800/- from his pocket. It is also stated that

thereafter all the people together started beating him

Patna High Court CR. MISC. No.1965 of 2026(2) dt.28-01-2026

3/6

indiscriminately with sticks and rod, due to which he also got

injured. They openly threatened that if anyone comes on the

land then they will be buried. When police came at the spot, all

the injured persons were taken to Sadar Hospital but seeing their

condition, they were referred to Deoghar for better treatment.

4. The main substratum of argument of learned counsel

for the petitioners is that on account of land dispute the

petitioners have been falsely implicated in this case. There is

specific allegation of causing injury against Chandrashekhar

Das (petitioner No. 4) and Gobind Das (petitioner no.6), but no

allegation of causing injury has been levelled against rest of the

petitioners and they have no criminal antecedent. Averment in

this regard has been mentioned in paragraph no.3 of the

application. Pursuant to F.I.R. of this case, the petitioners have

apprehension of imminent arrest. Lastly, it is submitted that in

case the petitioners a