Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19229 of 2026 Arising Out of PS. Case No.-843 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Subhash Kumar S/o- Nandan Yadav Resident of Village- Bhelwa Chauk, Ward No 03, PS And District -Madhepura 2.

Nandan Yadav @ Nandan Prasad Yadav S/o- Late Bajrangi Yadav Resident of Village- Bhelwa Chauk, Ward No 03, PS And District -Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

Ms.Isha Mishra, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 04-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Madhepura (Ghailarh) P.S. Case No. 843 of 2023 instituted for the offences under Sections 126(2), 115(2), 118(1), 103(1), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The allegation is that five persons assaulted the deceased and the petitioner is one of them.

4. Learned counsel for the petitioners submits that exactly similarly situated person Umakant Kumar @ Umakant Kumar Sah has been allowed bail by the Co-ordinate Bench after considering all the materials vide order dated 17.04.2026 passed in Criminal Miscellaneous No. 25646 of 2026. The petitioners

Patna High Court CR. MISC. No.19229 of 2026(3) dt.04-05-2026 2/2 are in custody since 16.08.2025 and 20.10.2025 respectively and the petitioners have no criminal antecedents.

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

6. Considering that similarly situated person Umakant Kumar @ Umakant Kumar Sah has already been granted bail by the Co-ordinate Bench of this Court and the petitioners bear clean antecedents, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge-IIIrd, Madhepura/concerned Court in connection with Madhepura (Ghailarh) P.S. Case No. 843 of 2023.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) abhishekkr/- U T