Satyanarayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36060 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- JHAJHA District- Jamui ====================================================== Satyanarayan Yadav S/O Heman Yadav R/O Village- Belatand, P.S.- Jhajha, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard Mr. Krishna Kant Singh, learned counsel appearing on behalf of the petitioner and Ms. Suman Kumari Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Jhajha P.S. Case No. 44 of 2025 registered for the offence(s) punishable under Sections 115(2), 126(2), 190(1), 191(1), 117(2), 109 and 303(2) of the BNS.
3. As per the allegation made in the FIR, the petitioner along with the family members, with an intention to kill, assaulted the informant, causing grievous injury to him on the right hand.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner had lodged an FIR against the informant bearing Jhajha P.S. Case No.35 of 2025 under
Patna High Court CR. MISC. No.36060 of 2025(2) dt.25-06-2025 2/3 sections 331(4)/305 of BNS, that the informant was caught red handed while committing theft and in retaliation to the same the informant has lodged false and fabricated case against the petitioner under Sections 115(2), 126(2), 190(1), 191(1), 117(2), 109 and 303(2) of the BNS. Learned counsel further submitted that the present FIR has been lodged against the petitioner after delay of five days from the alleged date of incidence i.e. 22.01.2025. The petitioner is having clean antecedent. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that there is case and counter case between the parties and it has been admitted by the informant that on 22.01.2025 the alleged incidence took place, in which he was assaulted by the petitioner, causing grievous injury on the right hand, which is not on the vital part of the body, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.36060 of 2025(2) dt.25-06-2025 3/3 before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Jamui in connection with Jhajha P.S. Case No. 44 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T