Patna High Court
Suraj Kumar Yadav @ Suraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Suraj Kumar Yadav and Roushan Kumar, sought anticipatory bail fearing arrest in a case (Ara Nawada PS Case No. 174 of 2026) involving the death of a man's son after an alleged shooting. The FIR alleged offences under Sections 103(1), 351(3), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, but did not specifically name the petitioners. The petitioners argued they were innocent, had no criminal antecedent, and were falsely implicated. The State opposed the bail. The Court, noting the lack of specific allegation and the petitioners' clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and verification of antecedents under Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the FIR specifically implicates the petitioners in the alleged offences.
- Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31469 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- ARA NAWADA District- Bhojpur
======================================================
1. Suraj Kumar Yadav @ Suraj Yadav Son of Surendra Yadav Resident of
village - Maulabagh, Police Station - Ara Nawada, District - Bhojpur.
2. Roushan Kumar @ Raushan Yadav Son of Surendra Yadav Resident of
village - Maulabagh, Police Station - Ara Nawada, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Ara Nawada P.S. Case No. 174 of 2026, registered for the
offence punishable under Sections 103(1), 351(3), 352, 3(5) of
the B.N.S.
3. The case of the prosecution, in short, as per the
informant is that she is living on rent in the house of Ashok
Singh with her son. There was an altercation between the
accused persons including the petitioners and the son of the
informant in the past. On 28.02.2026, while the informant along
with her son was going to Pakri Chauk, Navneet Yadav and
Patna High Court CR. MISC. No.31469 of 2026(2) dt.07-05-2026
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Manjit Yadav came and fired upon her son which hit on chest.
The miscreants fled away. During treatment, the son of the
informant died.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. He
further submits that they have falsely been implicated in the
present case. No overt act has been attributed to the petitioners
in this incident in which the son of the informant died. The
petitioners have no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From the reading of the FIR, it transpires that there
is no specific allegation against the petitioners. Both the
petitioners have clean antecedent. Under these circumstances,
this Court is inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S.
Patna High Court CR. MISC. No.31469 of 2026(2) dt.07-05-2026
3/3
Case No. 174 of 2026, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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