Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53127 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- CHANDAUTI District- Gaya ====================================================== Surendra Yadav S/o Shyamji Yadav, R/o Village- Habbipur, P.S.- Chandauti, District- Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Chandauti P.S. Case No. 74 of 2025 dated 22.02.2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 127(1), 352, 351(2), 115(2), 303(2) and 109 of the BNS.
3. As per the prosecution case, petitioner and other co-accused persons who were armed with iron-rod and sabbal came to the door of the informant and started hurling abuses. When the informant forbade them for doing so, the petitioner gave iron-rod blow on the head of the informant causing fracture and bleeding. When the husband of the informant tried to save them, the co-accused assaulted him with sabbal causing fracture of her head and cut injury on lips. When the sons of the
Patna High Court CR. MISC. No.53127 of 2025(3) dt.12-11-2025 2/3 informant intervened, they were brutally assaulted.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Though the occurrence took place on 16.02.2025, but the FIR was lodged on 22.02.2025 and no explanation has been given for the delay. There is case and counter version and the co-accused namely, Manju Devi, wife of this petitioner has also lodged Chandauti P.S. Case No. 75 of 2025 under Sections 191(2), 191(3), 190, 127(1), 115(2), 303(2) 110, 352 and 351(2) of the BNS against the informant of the instant case. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 25.05.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner has clean antecedent, his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
Patna High Court CR. MISC. No.53127 of 2025(3) dt.12-11-2025 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gayaji / concerned Court, in connection with Chandauti P.S. Case No. 74 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T