Sadanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20989 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- ASARGANJ District- Munger ====================================================== Sadanand Yadav, S/o Tarni Yadav, Resident of Village- Makwa, P.S.- Asarganj, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Devika Rani, Adv.

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP For the Informant :

Mr. Saurabh Sinha, Adv.

Mr. Arvind Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2025 Heard Ms. Devika Rani, learned counsel for the petitioner, Mr. Binod Kumar No. 3, learned APP for the State and Mr. Saurabh Sinha, learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Asarganj P.S. Case No. 160 of 2024 dated 22.11.2024 registered for the offences punishable under sections 126(1), 115(2), 329(3), 109(1), 303(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that there is a case and counter case between both the parties, the FIR itself goes to show that there was some dispute in between both the parties regarding the construction work, which led to the alleged incident but in actual, a free fight took place in between them and the petitioner himself sustained

Patna High Court CR. MISC. No.20989 of 2025(3) dt.29-04-2025 2/3 injuries in the alleged occurrence, for which he was treated at Jawaharlal Nehru Medical College Hospital (in short 'J.N.M.C.H'), Bhagalpur for 3 days and in this regard, Annexure - 3 may be perused. It is further submitted that in the present matter, 7 persons, including the petitioner, have been named in the FIR but against the petitioner, there is no specific allegation and he has been languishing in jail since 21.12.2024 and against him, the investigation has been completed.

4. On the other hand, learned counsel appearing for the informant has vehemently opposed the bail prayer of the petitioner and submitted that in the instant matter, 3 persons sustained injuries from the prosecution side, out of them, 2 persons sustained grievous injury and the FIR shows that the petitioner and co-accused persons were aggressors over the place of occurrence, which was under the possession of the prosecution party at the relevant time and the petitioner sustained simple injuries as per his injury report filed with this petition.

5. Learned APP for the State has also opposed the prayer of the petitioner.

6. In the facts and circumstances of this case and considering the aforesaid submissions and mainly the

Patna High Court CR. MISC. No.20989 of 2025(3) dt.29-04-2025 3/3 petitioner's plea as to a free fight having taken place in between both the parties on account of dispute relating to construction work at the place of occurrence and also the fact that the petitioner is said to be one of the injured on his side, for which he underwent medical treatment for 3 days coupled with completion of the investigation against him, in my opinion, it is a fit case for the grant of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Asarganj P.S. Case No. 160 of 2024. (Shailendra Singh, J) annu/- U T