Raja Kumar Yadav @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19493 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- PANDAUL District- Madhubani ====================================================== 1.

Raja Kumar Yadav @ Raja Kumar S/o Dhiru Yadav R/o Village - Hati, P.S - Pandaul, District - Madhubani 2.

Alok Kumar Kamat @ Alok Kumar Kamti S/o Pradip Kumar Kamat @ Pradip Kamti R/o Village - Hati, P.S - Pandaul, District - Madhubani 3.

Kaushal Kumar Chaudhary S/o Shyam Nath Chaudhary @ Gaganji @ Shyam Nath Choudhary R/o Village - Hati, P.S - Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the State :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Natraj Verma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners as well as the informant and learned APP for the State.

2. Learned counsel for the petitioners submits that petitioner no. 1 has been arrested during pendency of this application and seeks permission to withdraw this application with respect to petitioner no. 1.

3. Permission is accorded.

4. Accordingly, this application stands dismissed as withdrawn as having become infructuous with respect to petitioner no. 1.

5. The application survives only against petitioner

Patna High Court CR. MISC. No.19493 of 2026(2) dt.06-04-2026 2/3 nos. 2 and 3.

6. Petitioner nos. 2 and 3 are apprehending their arrest in connection with Pandaul P.S. Case No. 26 of 2026 in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 351(2), 352, 3(5) of the BNS, 2023.

7. As per the prosecution story, on 25.01.2026, the informant was intercepted by the petitioners while traveling to Ishahpur. The accused assaulted him with katta and iron rods, resulting in head and nasal injuries.

8. Learned counsel for the petitioners submits that at the outset, the first information report has been lodged after delay of three days. A bare perusal of the FIR indicates that there was a dispute between the parties which arose at the spur of the moment and the same also led to a fight between them. It is further submitted that although there is allegation on petitioner nos. 2 and 3 of having assaulted by means of country made pistol and iron rod, it is also a fact that the country made pistol was not used for firing, as such, Section 109 of the BNS would not be attracted. It has also been submitted that a compromise has taken place between the parties.

9. Learned counsel for the informant does not oppose the present application for anticipatory bail and upon

Patna High Court CR. MISC. No.19493 of 2026(2) dt.06-04-2026 3/3 instruction, submits that the parties have compromised the matter and are not desirous of pursuing the same.

10. Taking into consideration the facts and circumstances and also considering the factum of delay coupled with the fact that subsequently a compromise has taken place between the parties, let the above named petitioner nos. 2 and 3, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pandaul P.S. Case No. 26 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) priyanka/- U T