Patna High Court
CR. MISC./41938/2026 of Suma Kant Yadav @ Radha Kant Yadav Vs The State of Bihar on 30 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41938 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- CHAUTHAM District- Khagaria ====================================================== Suma Kant Yadav @ Radha Kant Yadav S/o Late Baleshwar Yadav R/o Village - Brahma, P.S -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41938 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- CHAUTHAM District- Khagaria ======================================================
Suma Kant Yadav @ Radha Kant Yadav S/o Late Baleshwar Yadav R/o Village - Brahma, P.S - Choutham, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Shiva Shankar Sharma, Advocate.
For the Informant
:
Mr. Binod Kumar, Advocate.
Mr. Amit Prakash, Advocate.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
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ORAL ORDER
30-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Choutham P.S. Case No. 91 of 2026 registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 76, 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the petitioner, along with others, being armed with weapons, arrived and started assaulting the informant and his family members. The specific allegation against Suma Kant Yadav (the petitioner) is that he tore the clothes of the informant’s wife, due to which she got half-nude and started assaulting.
4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.41938 of 2026(3) dt.30-06-2026
petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the only allegation against the petitioner is that of disrobing the wife of the informant. He further submits that the petitioner is languishing in judicial custody since 18.03.2026.
5. Countering this, the application for bail is vehemently opposed by the learned counsel for the informant and the learned APP for the State and submits that the petitioner has got criminal antecedent of four cases. Learned counsel for the informant submits that in this case, during investigation, CCTV footage and a video were produced before the Investigating Officer (I.O.), and from perusal of which it transpires that Suma Kant Yadav (the petitioner) was also assaulting with lathi.
6. In any view of the matter, if the petitioner was also assaulting with lathi, there is no specific allegation against him of assaulting anybody.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail Patna High Court CR. MISC. No.41938 of 2026(3) dt.30-06-2026
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Choutham P.S. Case No. 91 of 2026.
Sudhanshu/- (Ashok Kumar Pandey, J) U T