Alok Yadav @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52780 of 2026 Arising Out of PS. Case No.-231 Year-2026 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Alok Yadav @ Alok Kumar S/o Pyare Yadav R/o Village - Milkipar, P.S. - Noorsarai, District - Nalanda.
2.
Pyare Yadav S/o Late Bhola Yadav R/o Village - Milkipar, P.S. - Noorsarai, District - Nalanda.
3.
Indradev Yadav S/o Late Bhola Yadav R/o Village - Milkipar, P.S. - Noorsarai, District - Nalanda.
4.
Nitish Yadav Son of Bay Yadav @ Chanirak Yadav R/o Village - Milkipar, P.S. - Noorsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 29-07-2026 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Noorsarai P.S. Case No.231 of 2026 for allegedly having committed offences under Sections 190, 191(2), 352, 351(2), 109, 125(a), 125(b), 126(2) and 118(2) of the B.N.S. as well as Section 27 of the Arms Act.
3. As per the First Information Report, which has been lodged on the basis of the written report submitted by the informant, who happens to be the A.S.I., to the effect that the
2/4 informant along with police party was on patrolling duty and in the meantime, he got information from S.H.O., Noorsarai that a woman has been shot in village Milkipar due to dispute in between the parties with regard to keeping straw in the field and the injured has been taken to Sadar Hospital, Biharsharif for treatment. When the informant reached village Milkipar, he saw a large number of people assembled there and on enquiry, he came to know that on account of a dispute with regard to keeping of straw by Tilak Yadav and his son, a fight erupted in between the parties and both the parties started quarreling/fighting by throwing bricks and stones at each other and also started firing. In the said fight one Dulari Devi received firearm injuries on her stomach. Four empty cartridges were recovered from the place of occurrence.
4. The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence. For removal of straw, the fight started. No First Information Report has been lodged by any of the parties, rather the First Information Report has been lodged by the police. He further submits that nothing has been recovered from the possession of any of the accused persons and no specific allegation has been levelled against any of the petitioners herein.
3/4 He further submits that the petitioners have got a clean antecedent.
5. Per contra, the learned A.P.P. appearing on behalf of the State opposes the prayer for grant of anticipatory bail to the petitioners and submits that one lady has received firearm injury in her stomach and the same has been supported by the injury report, which has been mentioned in the impugned order passed by the learned Additional Sessions Judge-XI, Biharsharif at Nalanda.
6. Having considered the rival submissions and after going through the records, it appears that there was free fight in between the parties for which an information was given by the villagers to the police and when the police party reached there, they came to know that one Dulari Devi has sustained gunshot injuries on her stomach and has been referred to hospital. In the impugned order passed by the learned Additional Sessions Judge-XI, Biharsharif at Nalanda, it has been recorded that during course of filing anticipatory bail petition, Dulari Devi produced the injury report with regard to injuries sustained by her, which shows that she received gunshot injuries on her abdomen, however no specific allegation has been levelled against anyone of firing on Dulari Devi and Dulari Devi has
4/4 also been made accused by the police.
7. Taking into consideration the facts aforesaid, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No.231 of 2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court concerned shall take steps for cancellation of their bail bonds. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T