Suraj Yadav @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51229 of 2025 Arising Out of PS. Case No.-699 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Suraj Yadav @ Suraj Kumar, aged about 30 years, Male, S/O Dhurkheli Yadav, R/O Village- Birbanna, P.S.- Bhawanipur, District- Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ranjan Kumar Jha, Advocate For the Opposite Party :
Mr. Murli Dhar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Bihpur (Bhawanipur) P.S. Case No. 699 of 2023 dated 13.11.2023 registered for the offences punishable under Sections 147, 148, 149, 448, 323, 307, 379, 384, 385, 504, 506 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons alongwith 4-5 unknown miscreants armed with weapons are alleged to have come to the house of the informant and started firing. In the meantime, the co-accused Shiv Nandan Yadav fired on the head of the informant's son, Gulshan Yadav and the co-accused Bhola Yadav fired on the left
Patna High Court CR. MISC. No.51229 of 2025(2) dt.29-08-2025 2/3 side of the Panjra of the informant's wife. Indu Devi. It is further alleged that the accused persons looted Rs. 1,50,000/- and gold jewellery and they also took the buffalo of the informant. The reason behind the occurrence is that the accused persons earlier demanded a ransom of Rs. 2,00,000/- and on non-fufilment of the same, they committed such type of occurrence.
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 specific allegation of firing on the informant's son and the wife against the co-accused Shiv Nandan Yadav and Bhola Yadav. The petitioner is a member of the mob. The petitioner was not present at the place of occurrence. There was land dispute between the parties. It is further submitted that the other co-accused person, namely, Shivnandan Yadav has already been granted regular bail by a Bench of this Court in Cr. Misc. No. 38846 of 2024 vide order dated 05.10.2024. The petitioner has clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
Patna High Court CR. MISC. No.51229 of 2025(2) dt.29-08-2025 3/3
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, First, Naugachia, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 699 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T