IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59249 of 2026 Arising Out of PS. Case No.-224 Year-2026 Thana- LAKHISARAI District- Lakhisarai ====================================================== Shailendra Kumar @ Shailendra Yadav @ Shalindra Yadav, S/o Surendra Yadav, Resident of Village- Pochena, P.S.- Lakhisarai, District - Lakhisarai ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Narendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 19-08-2026 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 Lakhisarai P.S. Case No.224 of 2026 registered under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’). 3. As per FIR, petitioner and other co-accused persons alleged to assault informant by means of lathi, iron rod etc., causing head and bodily injuries, having intention to cause their death, where occurrence took place in the background of land disputes. Patna High Court CR. MISC. No.59249 of 2026(2) dt.19-08-2026 2/3 4. It is submitted by learned counsel appearing for the petitioner that the occurrence was free fight in nature, where both parties received injuries, and for same set of occurrence petitioner’s side also lodged a case which has been registered as Lakhisarai P.S. Case No.225 of 2026. It is further submitted that the allegation of assault is specifically available against co-accused namely, Surendra Yadav, who alleged to assault the injured namely, Lalo Yadav during the occurrence, which can be gathered safely from the F.I.R. itself. It is pointed out that the allegation of assault is not available against this petitioner, and he appears implicated out of relation only because he is the son of co-accused namely, Surendra Yadav. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case with same informant. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submissions and by taking note of fact as occurrence prima-facie appears free fight in nature, prima-facie negating intention to cause death, where the allegation of assault is not available against Patna High Court CR. MISC. No.59249 of 2026(2) dt.19-08-2026 3/3 this petitioner during the occurrence, accordingly, the petitioner above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, 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, Lakhisarai in connection with Lakhisarai P.S. Case No.224 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. Raushan/- (Chandra Shekhar Jha, J.) U T