Naresh Yadav @ Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61947 of 2025 Arising Out of PS. Case No.-77 Year-2025 Thana- PARAIYA District- Gaya ====================================================== 1.
Naresh Yadav @ Sunil Yadav S/o- Late Baldhar Yadav Village- Khiri PsParaiya Dist- Gaya 2.
Munni Devi W/o- Naresh Yadav @ Sunil Yadav Village- Khiri Ps- Paraiya Dist- Gaya 3.
Sachin Kumar @ Sachin Yadav S/o- Naresh Yadav @ Sunil Yadav VillageKhiri Ps- Paraiya Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the State :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-09-2025 Heard Mr. Aryan Singh, learned counsel for the petitioners as well as Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Paraiya P.S. Case No. 77 of 2025, F.I.R. dated 27.02.2025 for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the BNS, 2023.
3. According to prosecution case, all the FIR named accused persons including these petitioners are said to have abused and assaulted the informant and her family members. It is further alleged that they have snatched their belongings.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in
Patna High Court CR. MISC. No.61947 of 2025(2) dt.09-09-2025 2/3 the present case. He further submits that there is case and counter case between the parties and although, petitioners are named in the FIR and there is specific allegation against them that they have assaulted the informant and her family members and they have received the injuries but injury reports of the injured persons suggest that all the injuries are simple in nature caused by hard and blunt substance. It is further submitted that injury inflicted upon Nagiya Devi is grievous in nature but the same is not attributed by these petitioners.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners and submits that petitioner no. 1 has three cases other than the present one, petitioner no. 2 has two cases other than the present one and petitioner no. 3 has one case other than the present one.
6. Considering the aforesaid facts and circumstances, there is case and counter case between the parties and injury inflicted upon injured persons are found to be simple in nature caused by hard and blunt substance, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in
Patna High Court CR. MISC. No.61947 of 2025(2) dt.09-09-2025 3/3 connection with Paraiya P.S. Case No. 77 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below 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 below shall take step for cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J) priyanka/- U T