Naulesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81252 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- Gehlaur District- Gaya ====================================================== 1.
Naulesh Kumar S/o Upendra Yadav R/o Village- Dhureparsa, P.S.- Gehlaur, District- Gaya 2.
Chandan Kumar S/o Tilesh Yadav R/o Village- Dhureparsa, P.S.- Gehlaur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Gehlaur P.S. Case No.46 of 2025 registered for the offences punishable under Sections 126, 115(2), 351(2), 352, 109 and 3(5) of the BNS, 2023.
3. On the fateful day, while the informant had gone to the market, in the meanwhile, his wife informed on his mobile that the petitioners assaulted his father with spade due to which he sustained head injury. They also assaulted the informant's brother Fantush Kumar with lathi, danda. On the aforesaid information, when the informant rushed to the place of occurrence, he found
Patna High Court CR. MISC. No.81252 of 2025(2) dt.09-12-2025 2/3 that the accused persons were engaged in assaulting his other family members.
4. Learned Advocate for the petitioners contended that on account of a trifle, the parties entered into a free fight resulting into some unfortunate injuries to persons of both the sides and leading to institution of case and counter case, bearing Gehlaur P.S. Case No.47 of 2025 against the informant and others. So far the injuries allegedly sustained to the father of the informant is concerned, on instruction, it is submitted that the same is found to be simple in nature. The reason behind the said occurrence is long-standing land dispute. Moreover, the petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have brutally assaulted the father of the informant.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the statement of the petitioners that the informant's father has sustained simple nature of injury, besides the fair antecedent of the petitioners, let the above named petitioners, be released on
Patna High Court CR. MISC. No.81252 of 2025(2) dt.09-12-2025 3/3 bail, subject to the verification that the informant's father has sustained simple nature of injury, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C. Gaya in connection with Gehlaur P.S. Case No.46 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T