Shyamsundar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35214 of 2026 Arising Out of PS. Case No.-527 Year-2025 Thana- JHAJHA District- Jamui ====================================================== 1.
Shyamsundar Yadav S/O Baleshwar Yadav R/O Village- Chitochak Tola, Tatwadih, P.S- Jhajha, Distt.- Jamui.
2.
Lallu Yadav @ Lalu Yadav S/O Shyamsundar Yadav R/O Village- Chitochak Tola, Tatwadih, P.S- Jhajha, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Adv.
For the Opposite Party/s :
Mr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Jhajha P.S. Case No. 527 of 2025 registered for the offences punishable under Sections 190, 191(1), 115(2), 117(2), 118(2), 109, 303(2) of B.N.S.
3. As per the allegation, petitioners alongwith other co-accused persons, were in ambush when the husband of the informant was returning from agriculture field. It is further alleged that petitioner no. 1, initially abused the informant's husband, following which petitioner no. 2 assaulted him on
2/4 the head with an iron rod, while petitioner no. 1 assaulted him with a sword. As a result of the assault, the husband of the informant allegedly became unconscious. It is further alleged that petitioner no. 1 took out Rs. 500/- from the pocket of the husband of the informant. Thereafter, dial 112 came with the vehicle and her husband was sent to the Jhajha Referal Hospital and for better treatment he was sent to Sadar Hospital, Jamui and thereafter he was finally treated at a private hospital.
4. Learned counsel for the petitioner has submitted that there is an inordinate delay of around 25 days in lodging the F.I.R. It has further been submitted that from the allegation itself, it is apparent that the police reached at the place of occurrence on 06.10.2025, took the injured to the hospital and no F.I.R. was lodged at the hospital or at the Police Station. It has further been submitted that in fact the husband of the informant received injuries in somewhat other manner, best known to him, but due to previous enmity, the petitioners have been falsely implicated. It has further been submitted referring to paragraph nine of the bail application that previously, a case was lodged against the informant by the petitioners side. It has further been submitted that there is no allegation that husband
3/4 of the informant was assaulted on other parts of the body but the injury report goes to show that he had received injuries on hand, chest and right leg, and probably, he might have sustained injuries in an accident and taking benefit of same, due to previous case lodged against him, has falsely implicated the petitioners after 25 days of the alleged occurrence. It has further been submitted that the petitioner no. 1 has been made accused in one other case, but is on bail in the said case, but the allegations were not found true against him and consequently, he was exonerated after investigation, while petitioner no. 2 has got no criminal antecedent. Lastly, it has been submitted that petitioner is in judicial custody since 01.02.2026, chargesheet has been filed in this case and there is no allegation of tampering against the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.
6. Heard learned counsel for the parties and perused the records.
7. Considering the facts and circumstances of the case as well as the period of custody, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
4/4 each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 527 of 2025.
8. The application stands allowed.
(Praveen Kumar, J) Ankit Kumar/- U T