Surynarayan Prasad @ Surynarayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45243 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== 1.
Surynarayan Prasad @ Surynarayan Yadav, son of Late Rameshwar Yadav, resident of Vill - Sekhodewra, P.S - Kawakole, Dist - Nawada 2.
Chhotu Yadav @ Ramanand Kumar, son of Suryanarayan Prasad @ Suryanarayan Yadav, resident of Vill - Sekhodewra, P.S - Kawakole, Dist - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate.
For the State :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Kawakole P.S. Case No. 32 of 2025 dated 26.01.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 303(2), 252, 351(3) and 3(5) of B.N.S. 2023 corresponding to Sections 341, 323, 326, 307, 379, 504, 214 and 34 of the Indian Penal Code.
3. As per allegation, the informant was assaulted by the accused persons including the petitioners by lathi, danda and talwar (sword) and in course of assault, one finger of the
Patna High Court CR. MISC. No.45243 of 2025(2) dt.16-07-2025 2/3 informant got cut off.
4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case. He further submits that the informant and accused side are family members and on account of a petty dispute, the altercation took place. He also submits that the alleged facts and circumstances does not constitute an offence of attempt to murder because there is only cutting of one finger.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have clean antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.45243 of 2025(2) dt.16-07-2025 3/3 of learned concerned court below, in connection with Kawakole P.S. Case No. 32 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T