Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62933 of 2025 Arising Out of PS. Case No.-18 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== Suresh Yadav S/o Late Rajdhari Yadav Resident of village- Gulalchak, PSDulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nityanand, APP For the Informant :

Mr. Kamala Kant Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

02. In the present case, the petitioner seeks bail in connection with Dulhin Bazar P.S. Case No. 18 of 2022 registered for the alleged offences under Sections 341, 323, 324, 337, 307, 379, 504/34 of the Indian Penal Code.

03. As per prosecution case, in the background of petty land dispute, the petitioner and other co-accused persons assaulted the informant and his family members, causing fracture of the head of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner and the informant are brothers and

Patna High Court CR. MISC. No.62933 of 2025(3) dt.04-11-2025 2/3 admittedly, there was some petty land dispute between them. The informant has procured his injury report as he was first treated at Sadar Hospital where complaint of pain in whole body was made and thereafter informant got himself treated in a private hospital where he managed to get the injury report showing grievous injuries. The informant further developed the story and made two persons accused for assault on him. But from the FIR, it is also clear that no offence under Section 307 of IPC is made out as there was no attempt on the life of any person and allegation of theft is super-addition. The petitioner is in custody since 23.06.2025 and charge-sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.

05. Learned APP for the State as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the informant received a grievous injury on his head due to fracture of parietal region. The injury is stated to be grievous.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of

Patna High Court CR. MISC. No.62933 of 2025(3) dt.04-11-2025 3/3 charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Danapur/court concerned in connection with Dulhin Bazar P.S. Case No. 18 of 2022, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

(iii) In case of absence on three consecutive dates 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) Ashish/- U T