Suresh Yadav @ Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34936 of 2026 Arising Out of PS. Case No.-178 Year-2026 Thana- CHANDI District- Nalanda ====================================================== 1.

Suresh Yadav @ Suresh Prasad S/O Late Bhikham Singh @ Bhikham Yadav R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda. 2.

Ajay Yadav @ Ajay Kumar S/O Suresh Yadav R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda.

3.

Ranjeet Yadav @ Ranjeet Kumar S/O Sri Ramdeo Prasad @ Ramdeo Yadav R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda. 4.

Karu Yadav @ Vijay Kumar S/O Sri Ramdeo Prasad @ Ramdeo Yadav R/O Village- Naya Tola, Hirdan Bigha, P.S- Telmar, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwanath Prasad, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-05-2026 The matter has been taken up today through video conferencing.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The Petitioners are apprehending their arrest in connection with Chandi P.S. Case No. 178 of 2026 registered for the offences punishable under Sections 190, 191(1), 126(2), 127(2), 118(1), 118(2), 117(2), 109(1), 352, 351(2), 303(2) B.N.S., 2023.

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4. As per the prosecution case, on 05.03.2026 at about 07:00 A.M., the petitioners along with other named co-accused persons, forming an unlawful assembly, came to the house of the informant and started assaulting and firing, as a result of which the informant sustained head injuries. It has further been alleged that the hands of one of his brothers were fractured, while another brother also sustained head injuries. It has also been alleged that the mother of the informant was mercilessly assaulted, and the mobile phone of the informant's brother was snatched away along with cash amounting to Rs. 3,100/-. Further, a sum of Rs. 36,000/-, which had been kept for the purpose of purchasing a buffalo, was also taken from his pocket.

5. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. It has further been submitted that there is a case and counter-case between the parties. It has also been submitted that the occurrence took place suddenly without any premeditation to kill. It has further been submitted that the parties engaged in a free fight and that the petitioners' side also sustained injuries. Referring to injury reports of the brother and the mother of the informant, it has been stated that although they have received grievous injuries but they are on non vital part of

3/4 the body and at best the case under Section 117(2) of the BNS would be made out, which is bailable in nature. Lastly, it has been submitted that the petitioner nos. 1, 2 and 4 have got clean criminal antecedent whereas the petitioner no. 3 has one criminal antecedent but not of similar nature.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners and has submitted that there is serious allegation against the petitioners and the injured persons received grievous injuries. It has further been submitted that the counter case has been lodged only to save the skin from the present case.

7. Heard the parties and perused the record.

8. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda, in connection with Chandi P.S. Case No. 178 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

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9. This application stands allowed.

(Praveen Kumar, J) Jyoti/- U T