Laddu Yadav @ Guddu YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4123 of 2026
                       Arising Out of PS. Case No.-48 Year-2025 Thana- KURSAILA District- Katihar
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                 Laddu Yadav @ Guddu Yadav S/o- Late Ramdev Yadav R/v- Diyara
                 Chandpur Ps- Kursela Dist- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :        Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                  Heard Mr. Bhola Prasad, learned counsel for the

                   petitioner and Mr. Ajit Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.10.2025 in connection with Kursela P.S. Case No. 48 of

                   2025, F.I.R. dated 28.02.2025 for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 303(2), 76, 352, 351(2),

                   3(5) of the B.N.S., 2023.

                                3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have assaulted the informant

                   and his family members. Allegation against this petitioner is

                   only order giver to kill the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
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          present case. He further submits that the present case is counter

          blast of the Kursela P.S. Case No. 47/2025 filed by the mother

          of the petitioner against the informant and his family members.

          It appears from the FIR itself that due to admitted land dispute

          the present occurrence has taken place. There is case and

          counter case. Although the petitioner is named in the FIR but

          from a bare perusal of FIR it appears that there is no specific

          allegation of any assault or overt act attributed against the

          petitioner. Petitioner is only the order giver and co-accused

          persons have assaulted the informant and his father and both the

          persons have received the injuries and the police after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 29.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner is named in the FIR and he has ordered to assault the

          family members of the informant and apart from aforesaid

          petitioner carries four more cases other than the present one but

          fairly submits on the basis of paragraph 3 of bail petition that

          the petitioner is on bail in two pending cases and in one case he

          has been acquitted by the learned court below and rest one case

          is pending for consideration before competent court of law.
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                       6. Considering the aforesaid facts and circumstances

          of the case and also the fact that there is no specific allegation of

          any assault or overt act attributed against the petitioner rather

          the petitioner is only order giver, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Katihar in connection with Kursela P.S. Case No. 48 of 2025,

          with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage 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, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T