Naresh Kumar @ Naresh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41822 of 2026
                       Arising Out of PS. Case No.-2 Year-2026 Thana- TELHARA District- Nalanda
                 ======================================================
                 Naresh Kumar @ Naresh Yadav, S/o Mithalesh Prasad, Resident of village -
                 Chhajupur, P.S. - Telhara, District - Nalanda
                                                                           ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raushan Abhishek, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Telhara P.S. Case

                   No.2 of 2026 registered under Sections 127, 115(2),

                   109(1), 74, 303(2) and 352 read with 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the petitioner alleged to have

                   assaulted the informant/injured during the occurrence along

                   with co-accused persons due to neighbourhood dispute and

                   differences.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the petitioner’s side also lodged a case
Patna High Court CR. MISC. No.41822 of 2026(2) dt.01-07-2026
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          against informant and others for same set of occurrence,

          suggesting sufficiently that the occurrence was free fight in

          nature and, therefore, it can be safely said further that the

          petitioner was not under intention to cause death of the

          informant/injured. It is pointed out that from the opening

          allegation of FIR, the allegation qua physical assault is

          appearing very much general and omnibus in nature and

          considering the same, one of the learned co-ordiante Bench

          of this Court granted anticipatory bail to co-accused namely,

          Karu Yadav and Virendra Yadav @ Virendra Kumar and, as

          such, this petitioner also deserves bail on the ground of

          judicial parity. Explaining criminal antecedent, it is pointed

          out that petitioner found involved in one more criminal case,

          where he is on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the allegation qua physical assault is

          appearing very much general and omnibus, where upon

          medical examination, the nature of injury found simple,

          coupled with the fact that similarly situated co-accused
             Patna High Court CR. MISC. No.41822 of 2026(2) dt.01-07-2026
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                       persons have been granted anticipatory bail, as mentioned

                       aforesaid, accordingly, the petitioner, above-named, in the

                       event of his arrest or surrender in the court below within a

                       period of four weeks from today, is directed to be released

                       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 Chief Judicial Magistrate, Hilsa,

                       Nalanda in connection with Telhara P.S. Case No.2 of 2026,

                       subject to the conditions as laid down under Section 438(2)

                       of the Code of Criminal Procedure (in short ‘CrPC’)/under

                       Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,

                       2023 (in short ‘BNSS’).


                                                      (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T