Naresh Kumar @ Naresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41822 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- TELHARA District- Nalanda ====================================================== Naresh Kumar @ Naresh Yadav, S/o Mithalesh Prasad, Resident of village - Chhajupur, P.S. - Telhara, District - Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Raushan Abhishek, Advocate For the Opposite Party/s :
Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Telhara P.S. Case No.2 of 2026 registered under Sections 127, 115(2), 109(1), 74, 303(2) and 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, the petitioner alleged to have assaulted the informant/injured during the occurrence along with co-accused persons due to neighbourhood dispute and differences.
4. It is submitted by learned counsel appearing for the petitioner that the petitioner's side also lodged a case
Patna High Court CR. MISC. No.41822 of 2026(2) dt.01-07-2026 2/3 against informant and others for same set of occurrence, suggesting sufficiently that the occurrence was free fight in nature and, therefore, it can be safely said further that the petitioner was not under intention to cause death of the informant/injured. It is pointed out that from the opening allegation of FIR, the allegation qua physical assault is appearing very much general and omnibus in nature and considering the same, one of the learned co-ordiante Bench of this Court granted anticipatory bail to co-accused namely, Karu Yadav and Virendra Yadav @ Virendra Kumar and, as such, this petitioner also deserves bail on the ground of judicial parity. Explaining criminal antecedent, it is pointed out that petitioner found involved in one more criminal case, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact, as the allegation qua physical assault is appearing very much general and omnibus, where upon medical examination, the nature of injury found simple, coupled with the fact that similarly situated co-accused
Patna High Court CR. MISC. No.41822 of 2026(2) dt.01-07-2026 3/3 persons have been granted anticipatory bail, as mentioned aforesaid, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hilsa, Nalanda in connection with Telhara P.S. Case No.2 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T