Binay Yadav @ Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58332 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- Kurth District- Arwal ====================================================== 1.

Binay Yadav @ Binay Kumar Son of Laldev Yadav Resident of Village - Pondil, P.S.- Kurtha, District - Arwal.

2.

Arun Kumar @ Arun Yadav Son of Dina Nath Yadav Resident of Village - Kothia, P.S.- Kurtha, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Narayan Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP Mr. Zainul Abedin, Advocate Mr. Sanobar Shahnaz Mr. Ramendra Kumar Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2026 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The petitioners seek bail in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that the accused persons, who are his uncle (Mausa) and maternal cousin, called him and his parents for discussing property issue after the death of his maternal grandmother,

Patna High Court CR. MISC. No.58332 of 2025(4) dt.16-02-2026 2/3 accordingly the informant along with his father and mother went to meet them, when Rocky assaulted his father by rod causing injury on head, thereafter Sanjay, Ramesh and Binay assaulted by lathi and danda and the accused persons snatched his mother's chain and acted inappropriately.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that on account of dispute relating to property, the occurrence is alleged to have taken place. It is further submitted that even what has been alleged is true without admitting then the specific allegation of assaulting the father of the informant is against Rocky. It is also submitted that father of the informant died 15 days after the occurrence during the course of treatment. It is submitted that father of the informant suffered only one injury on head as such allegation that he was assaulted apart from Rocky by other accused persons get belied. It is next submitted that petitioners are maternal cousin brother of the informant. It is also submitted that no specific allegation of assault is alleged against the petitioner no. 2. It is further submitted that petitioners are in custody since 12-6-2025.

Patna High Court CR. MISC. No.58332 of 2025(4) dt.16-02-2026 3/3 5.

Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for bail of the petitioners, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that specific allegation of assaulting the father of the informant is against Rocky and the father of the informant suffered only one injury.

6.

Considering the submission made by learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kurtha P.S. Case No. 84 of 2025.

(Satyavrat Verma, J) Sumit/- U T