Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51273 of 2025 Arising Out of PS. Case No.-69 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Sundar Yadav S/o Late Rameshwar Yadav R/o Village- Jhouwa, P.S.- Bhairav Sthan, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 351(1), 352, 3(5), 109(1) of the B.N.S.

3. A perusal of the F.I.R would show that the same has been lodged against five accused persons, out of whom the main allegation rests on one Saroj Kumar Yadav of having assaulted the brother of the informant Vijay Kumar Yadav causing grievous injury to him and also causing his death. The further allegation of causing injury to the mother of the informant who also subsequently succumbed to the injury.

4. It is submitted by learned counsel for the petitioner that it would be apparent from the first information report itself that the occurrence got initiated on a very petty dispute of plucking of mangoes and the petitioner and the informant side are Gotias. It is further submitted that there is no specific overt act alleged upon the petitioner but for the allegation of being an

Patna High Court CR. MISC. No.51273 of 2025(2) dt.11-08-2025 2/2 order giver. It is further submitted that another co-accused Remani Devi has already been granted bail vide order dated 19.03.2025 passed in Cr. Misc. No. 14217 of 2025. The petitioner is in custody since 04.07.2024 and charges have already been framed in the case on 20.05.2025.

5. The application for bail is opposed by learned APP for the State.

6. Taking into consideration the fact that the specific allegation of assault is on Saroj Kumar Yadav who is already in custody and the charges have already been framed in the case, let the above named petitioner be enlarged on bail in connection with Bhairav Sthan P.S. Case no.69 of 2024 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 Additional Chief Judicial Magistrate, Jhanjharpur, DistMadhubani, subject to the condition that the petitioner would cooperate in the trial by appearing on each and every date and in case on non-appearance on two consecutive dates without any substantial reason, the learned court below would be at liberty to cancel the bail bonds.

(Soni Shrivastava, J) devendra/- U T