Gita Kumar @ Gita Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39055 of 2026 Arising Out of PS. Case No.-73 Year-2026 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
Gita Kumar @ Gita Yadav S/O Karelal Yadav R/O Village- Kharra, P.S.- Surajgarha, Distt.- Lakhisarai.
2.
Raushan Kumar @ Raushan S/O Karelal Yadav R/O Village- Kharra, P.S.- Surajgarha, Distt.- Lakhisarai.
3.
Karelal Yadav S/O Yamuna Yadav R/O Village- Kharra, P.S.- Surajgarha, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Adv.
For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Suryagarha P.S. Case No. 73 of 2026 dated 14.03.2026 registered for the offence punishable under Sections 115(2), 126(2), 109(1), 352, 351(2), 3(5) of the B.N.S., 2023.
3. The prosecution case, in short, is that on 13.03.2026, a dispute arose over the delivery of a purchased cow and adjustment of the advance amount. During the altercation, the accused persons allegedly assaulted the informant with a khanti, lathi, and bricks, causing injuries, and threatened to kill him.
Patna High Court CR. MISC. No.39055 of 2026(2) dt.17-06-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. There is a case and counter case between the parties for the same and similar incident in which both the parties have sustained injuries. It is next submitted that the injuries caused upon the Informant are found to be simple in nature. It is lastly submitted that the petitioners bear clean antecedent.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and considering the fact that there is a case and counter case between the parties and the injuries caused upon the Informant are found to be simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Lakhisarai in connection with Suryagarha P.S. Case No. 73 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. as well as the following
Patna High Court CR. MISC. No.39055 of 2026(2) dt.17-06-2026 3/3 conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T