Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22490 of 2026 In CRIMINAL MISCELLANEOUS No.6730 of 2026 Arising Out of PS. Case No.-11 Year-2021 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Kapil Yadav S/O Late Baburam Yadav R/O Village- Neemchak Bathani, P.S.- Neemchak Bathani, Dist.- Gaya 2.

Aditya Kumar S/O Vinod Prasad @ Binod Yadav R/O Village- Neemchak Bathani, P.S.- Neemchak Bathani, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-04-2026 This case has been listed under the heading 'To Be Mentioned' at the instance of learned counsel for the petitioners.

2. The present application has been filed for modification of the order dated 04.02.2026 passed in Cr. Misc. No. 6730 of 2026, to the extent of extending the period for surrender. It is further submitted that, during the course of hearing, learned counsel for the petitioner had asserted that no injury had been caused to the informant. Since there was no reference to any injury report in the impugned order, the submission regarding there being no injury was made, which was also not denied by the learned APP for the State during the course of hearing. In that background, while granting

Patna High Court CR. MISC. No.22490 of 2026(3) dt.03-04-2026 2/3 anticipatory bail to the petitioner(s), this Court imposed condition no. (v), directing the learned trial court to verify from the records the correctness of the injury report before accepting the bail bonds. However, upon such verification, it has been found that the injury is simple in nature.

3. Learned counsel for the petitioner further submits that, as per the injury report of the injured persons, the nature of injury has been found to be simple, caused by hard and blunt substance. It is further submitted that the learned trial court, after calling for a report regarding the injury, has acknowledged the same; however, despite such finding, the court below has refused to accept the bail bonds as directed by this Court.

4. In view of the submissions made on behalf of the petitioner and considering that the injury is simple in nature, this Court is inclined to modify the condition no.(v) order dated 04.02.2026.

5. Accordingly, condition no. (v) of the order dated 04.02.2026, which required verification of the injury report prior to acceptance of bail bonds, stands modified to the extent that the learned court below is now directed to accept the bail bonds of the petitioners.

Patna High Court CR. MISC. No.22490 of 2026(3) dt.03-04-2026 3/3

6. Further, on the grounds mentioned in the modification application and in the interest of justice, the period to surrender is extended two weeks from today in connection with Neemchak Bathani P.S. Case No.11 of 2021, pending in the court of learned A.C.J.M.-X, Gaya.

7. The order dated 04.02.2026 is modified to the extent as indicated above. The rest of the order shall remain unaltered.

8. Accordingly, this modification application stands disposed of.

(Ajit Kumar, J) shikha/- U T