Suraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51839 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- KURSAILA District- Katihar ====================================================== Suraj Yadav, age 27 years, Male, Son of Jugo Yadav, R/O- Lila, P.S.- Falka, Distt.- Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party :
Mr. Zainul Abedin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kursela P.S. Case No. 19 of 2025 dated 19.01.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 109, 352, 351(2) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the informant alleged that two gangs are firing upon each other for dominance and to grab the land of Diyara. On information, police reached at the place of occurrence, on seeing police, the accused persons of both gang started fleeing away. Thereafter, the villagers told that the leader of one gang Vipin Yadav and his members Praveen
Patna High Court CR. MISC. No.51839 of 2025(3) dt.09-09-2025 2/3 Yadav, Jago Yadav, Suraj Yadav (petitioner), Manoj Mandal, Jyotish Kumar, Dhananjay Yadav, Pramod Yadav, Pradeep Yadav and the leader of other gang Rupesh Yadav and his members Chhotu Yadav, Md. Qyum and 4-5 unknown members were often firing on each other to grab and plough the land of Diyara.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner. The petitioner was not apprehended on the spot. The name of the petitioner has surfaced in the present case on the basis of disclosure made by the local villagers. Nothing has been recovered from the possession of the petitioner. It is further submitted that in the alleged firing, committed by both the sides, no one has sustained any injury. The petitioner has no concern with the alleged occurrence. The other co-accused persons, namely, Rupesh Yadav @ Rupesh Kumar and Chhotu Yadav @ Amerendra Yadav @ Amresh Yadav have already been granted bail by a Bench of this Court in Cr. Misc. No. 52124 of 2025 vide order dated 19.08.2025. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner
Patna High Court CR. MISC. No.51839 of 2025(3) dt.09-09-2025 3/3 is in custody since 09.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 19 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T