Surendra Yadav @ Surendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21654 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== 1.

Surendra Yadav @ Surendra Prasad Yadav S/o Late Bachchu Yadav, R/o Village- Tola Bhikhachak, P.S- Belaganj, Distt.- Gaya. 2.

Ajay Yadav S/o Late Bachchu Yadav, R/o Village- Tola Bhikhachak, P.SBelaganj, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2025 Learned counsel for the petitioner submits that petitioner no.2, namely, Ajay Yadav has been arrested, therefore, he seeks permission to withdraw the bail application with respect to petitioner no.2.

2. Permission, as prayed for, is granted.

3. Accordingly, the bail application with respect to petitioner no.2, namely, Ajay Yadav stands dismissed as withdrawn.

4. Heard learned counsel for the petitioner no.1 and learned A.P.P. for the State.

5. The petitioner no.1 apprehend his arrest in connection with Belaganj P.S. Case No.04 of 2025 instituted

Patna High Court CR. MISC. No.21654 of 2025(2) dt.29-04-2025 2/3 under Sections 126(2), 115(2), 109(2), 303(2), 352 and 3(5) of the B.N.S.

6. As per the prosecution case, while informant was returning to his house after celebrating picnic, in the meantime all the accused persons named in the F.I.R. have caught the informant and assaulted by means of Khanti with intention to kill. It is further alleged that the accused persons have also assaulted the brother and father of the informant. It is also alleged that accused persons have snatched his golden locket and Rs.10,000/- from his pocket.

7. Learned counsel for the petitioner no.1 submits that petitioner is innocent and has been falsely implicated in this case. He further submits that F.I.R. has been lodged after one day of delay without any plausible explanation. Learned counsel submits that there is no specific allegation against the petitioner. The allegation is general and omnibus against all the accused persons including the petitioner. He further submits that injury on the injured are simple in nature. Learned counsel submits that both the parties are gotiya to each other. He further submits that petitioner has one criminal antecedent and he undertakes to cooperate in the investigation and trial.

8. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.21654 of 2025(2) dt.29-04-2025 3/3 anticipatory bail.

9. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner no.1, namely, Surendra Yadav @ Surendra Prasad Yadav be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Gaya in connection with Belganj P.S. Case No.04 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T