Suresh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16131 of 2026
                         Arising Out of PS. Case No.-87 Year-2025 Thana- SUIYA District- Banka
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                 Suresh Yadav S/O Sukhdev Yadav @ Bhochan Yadav @ Bhojal Yadav
                 Resident of Village- Bilari, P.S.- Suiya, Distt.- Banka.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Chandrabhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 126(2), 115(2), 109,

                   352, 351(2) and 3(5) of the B.N.S. 2023.

                                3. The Investigating Officer of case in compliance of

                   the order dated 20.04.2026 is present in the Court.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and the informant alleges

                   that on 14.09.2025 at 6 A.M., he asked the petitioner to hand

                   over his sale deed and said why he got Jamabandi created in his

                   name on which the petitioner refused to give the sale deed and

                   started abusing and assaulting and when his nephew, Manoj,

                   came to save him, the petitioner along with 5 named accused
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          persons assaulted him and his nephew causing injury on their

          head and Manoj became unconscious and accused also assaulted

          Moti and Amar.

                       5. The learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is further submitted that the

          antecedent which the petitioner bears was instituted from the

          side of the informant, it is next submitted that petitioner and

          informant are agnate and are having dispute relating to property,

          as would manifest from the allegations as alleged in the F.I.R.

          itself, it is also submitted that during the course of investigation,

          the statement of independent witnesses was recorded and the

          independent witness at para 10, 11 and 14 have stated that it was

          the side of the informant to had come to the house of the

          petitioner and petitioner was not present in his house when an

          altercation took place with his family member, accordingly, the

          petitioner was called when the informant and his side assaulted

          him but then the petitioner went inside the house and brought a

          rod and thereafter the occurrence took place.          The learned

          counsel also submits that it is alleged that petitioner along with

          5 other accused persons assaulted the side of the informant as

          such, allegation of assault is not specific. It is further submitted
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          that injury of informant has been opined to be simple though the

          injury of Manoj on head has been opined to be grievous in

          nature but then during the course of investigation as recorded

          hereinabove, it transpired that Manoj along with informant had

          gone to the house of the petitioner on account of dispute relating

          to property when the occurrence is alleged to have taken place.

          It is thus submitted that petitioner was not aggressor. It is also

          submitted that if privilege of anticipatory bail granted to the

          petitioner, the petitioner will not abscond rather will cooperate

          in the investigation to prove his innocence.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       8. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate

          Ist, Banka, in connection with Suiya P.S. Case No.87 of 2025,

          subject to the conditions laid down under section 438(2) of the
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                      Code of Criminal Procedure/Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.

                                   9. However, it is made clear that if the investigating

                      officer of the case file an application before the learned trial

                      Court bringing to its notice that petitioner despite giving

                      assurance to this Court is not cooperating in the investigation, in

                      that event, the learned trial Court shall be at liberty to cancel the

                      bail bond of the petitioner after recording the reason.

                                   10. The personal appearance of the I.O. of the case is

                      dispensed with.




                                                                       (Satyavrat Verma, J)

sanjeev/-

U       T