Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84858 of 2025 Arising Out of PS. Case No.-392 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Nandlal Yadav S/o Sukhdev Yadav R/o Village- Sripur Bhawalia @ Bhatwaliya, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan, Adv.

For the State :

Mrs.Nirmala Kumari, Adv.

For the Informant :

Mr. Avinash Raj, Adv.

Mr. Sachida Nand Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Sugauli P.S. Case No. 392 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 3(5) of the BNS.

3. As per the prosecution case, petitioner and other co-accused persons assaulted the informant and her mother over a dispute for right of way. The informant and her mother received various injuries.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner

Patna High Court CR. MISC. No.84858 of 2025(2) dt.10-12-2025 2/3 submits that the only allegation against the petitioner is that he was the order giver and snatched the dupatta of the informant causing her fall. There is no specific allegation of assault against this petitioner by any weapon. The injury reports of the informant and her mother does not show any significant injury and the injuries are stated to be simple. From the facts of the case and the injuries sustained by the victims it is apparent that there was no intention to cause death of any person. The petitioner is having clean antecedent and he is in custody since 08.09.2025.

5. Learned A.P.P. appearing for the State and the learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the informant received fourteen stitches on the head and it was the petitioner who gave order for assault of the informant.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation against this petitioner and also considering clean antecedent of the petitioner, his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of

Patna High Court CR. MISC. No.84858 of 2025(2) dt.10-12-2025 3/3 Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, East Champaran, Motihari/concerned court, in connection with Sugauli P.S. Case No. 392 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court.

(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) anuradha/- U T