Suraj Kumar Yadav @ Suraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9795 of 2025 Arising Out of PS. Case No.-305 Year-2024 Thana- BARARI District- Katihar ====================================================== Suraj Kumar Yadav @ Suraj Yadav S/O Manoj Yadav R/O Karha Gola Ghat, P.S- Barari, Distt- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kunwar Ajit Singh, Advocate Mr. Sanjeev Kumar Singh, Advocate For the State :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(b), 115(2), 117(2), 109, 324(4), 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on 18.10.2024 at about 7:30 PM, informant had gone to Barari Hat to bring materials for his shop in the meantime, all the F.I.R. named accused persons intercepted him and tried to take away the key of his motorcycle. On protest by the informant, all the accused persons abused and assaulted him. During scuffle, coaccused Mithun Kumar and Rakesh Kumar assaulted on his head by means of knife and thereafter, it is alleged that all the
Patna High Court CR. MISC. No.9795 of 2025(2) dt.22-03-2025 2/3 accused persons went to shop of younger brother of informant where this petitioner committed loot of Rs. 20,000/- cash from the shop. It is further alleged that when younger brother of informant objected, he was also assaulted by means of knife.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. The entire prosecution case is false and fabricated, which is apparent from the fact as per F.I.R., accused persons assaulted informant and his brother by means of knife whereas doctor has found the injuries, sustained by the injured, to be caused by hard and blunt substance and simple in nature. It is further submitted that specific accusation of assault is against other co-accused persons. There is no allegation of assault against this petitioner. This petitioner is only alleged to have looted cash from shop of informant, which is ornamental in order to make the case grieve. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the
Patna High Court CR. MISC. No.9795 of 2025(2) dt.22-03-2025 3/3 prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Barari P.S. Case No. 305 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T