Niraj Yadav @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28361 of 2025 Arising Out of PS. Case No.-478 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Priyanka Kumari @ Piro Kumari, D/o Mahesh Yadav R/o Vill.- beldhar, P.S.- Muffasil, Distt.- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 28923 of 2025 Arising Out of PS. Case No.-478 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Niraj Yadav @ Niraj Kumar, S/o Suresh Yadav, R/o Vill.- Beldhar, P.S.- Muffasil, Distt.- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 28361 of 2025) For the Petitioner :
Mr. Shankar Kumar, Advocate.
For the State :
Mr. Mohammad Sufyan, APP (In CRIMINAL MISCELLANEOUS No. 28923 of 2025) For the Petitioner :
Mr. Shankar Kumar, Advocate.
For the State :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 These cases arising out of the same P.S. case are taken up together and being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with
2/4 Muffasil P.S. Case No. 5136018240478 dated 05.12.2024 registered for the offences punishable under Sections 190, 191(2), 126(2), 115(2), 109, 351(2), 351(3) and 352 of B.N.S., 2023.
4. As per allegation, when the informant was cutting residues of paddy (Newari), the petitioners along with other accused persons came and started abusing and assaulting him. The allegation against the petitioner of Cr. Misc. 28361 of 2025 is that she assaulted the informant by means of Khanti resulting into head injury.
5. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is case and counter case. He also submits that the petitioners side and informant side are agnates and on account of land dispute, altercation took place in which both sides got injuries. He also submits that there is one person injured on the side of the informant whereas on the petitioner side, four persons have received injuries which are grievous in nature. The counter case filed by the petitioner side bears Muffasil P.S. Case No. 5136018240478 for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 352 and 351(3) of B.N.S. 2023.
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6. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
8. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Muffasil P.S. Case No. 5136018240478, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have
4/4 concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T