CR. MISC./21492/2026 of Surendra Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21492 of 2026 Arising Out of PS. Case No.-59 Year-2025 Thana- Phulaut District- Madhepura ====================================================== 1. Surendra Yadav S/o Late Kuldeep Yadav R/o Village- Fulaut Purvi, P.S- Fulaut, Dist.- Madhepura. 2. Draupati Devi @ Dropati Devi W/o Surendra Yadav R/o Village- Fulaut Purvi, P.S- Fulaut, Dist.- Madhepura. 3. Niranjan Kumar S/o Surendra Yadav R/o Village- Fulaut Purvi, P.S- Fulaut, Dist.- Madhepura. 4. Rajaram Kumar S/o Surendra Yadav R/o Village- Fulaut Purvi, P.S- Fulaut, Dist.- Madhepura. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate. For the State : Mr. Abhay Kumar, A.P.P. For the Informant : Mr. Vivek Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 30-04-2026 1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioners apprehends his arrest in connection with Fulaut P.S. Case No.59 of 2025 instituted under Sections 126(2), 115(2), 109(1). 74, 117(2), 303(2), 351(2)(3), 3(5) of the B.N.S., 2023. 3. As per the prosecution case, all the accused persons including the petitioners having armed with various weapons came at the house of informant and started abusing and assaulting causing injury to him due to demand of money. It is Patna High Court CR. MISC. No.21492 of 2026(3) dt.30-04-2026 2/3 alleged that when son and wife of informant, namely, Gurucharan Kumar and Laxmi Devi respectively came to rescue him, they were also assaulted by the accused persons. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that both the parties are agnates and there is land dispute between the parties. Learned counsel submits that petitioner no.1 is own brother of informant, petitioner no.2 is wife and petitioner nos.3 & 4 are sons of petitioner no.1. He further submits that the allegation against the petitioners are general and omnibus and the injuries to the injured are simple in nature. Learned counsel submits that the F.I.R. has been lodged after delay of about 10 days without any plausible explanation. He further submits that petitioners have got clean antecedent and they undertake to cooperate in the investigation and trial of the case. 5. Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as their clean antecedent, in the event of arrest or surrender before the Patna High Court CR. MISC. No.21492 of 2026(3) dt.30-04-2026 3/3 Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura/ concerned Court in connection with Fulaut P.S. Case No.59 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Ritik/- (Sunil Dutta Mishra, J) U T