Patna High Court
Bhikham Yadav @ Bhikham Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioners are entitled to bail as the injuries were simple and there was no proven intention to cause death.
Summary
The petitioners, three Yadav brothers, were named in an FIR for allegedly assaulting an informant and his family with a sword and iron rod, causing head and bodily injuries, purportedly with intent to cause death arising from a tree‑cutting dispute. The petitioners contended that the allegations were vague, both parties sustained injuries, and the injuries were simple and non‑fatal, arguing there was no intention to cause death. The State opposed the bail application. The Court examined the medical reports, noted the injuries were simple, and observed that the factual matrix did not demonstrate a lethal intent. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Instruments (or related) Act, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The bail was conditioned on the petitioners surrendering within four weeks and complying with the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to bail despite being charged with offences under Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352 and 351(2) of the BNS.
- Whether the nature and severity of the injuries and the alleged intent to cause death justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments (or related) Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- assault
- criminal procedure
- intent to cause death
- Section 438 CrPC
- Section 482 BNSS
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 33808 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
1. Bhikham Yadav @ Bhikham Prasad Yadav S/o Late Vishwanath Yadav
Resident of Village - Pachbhidiya, P.S.- Ramgarhwa, District - East
Champaran at Motihari.
2. Brijesh Yadav @ Brijesh Kumar S/o Bhikham Yadav @ Bhikham Prasad
Yadav Residents of Village - Pachbhidiya, P.S.- Ramgarhwa, District - East
Champaran at Motihari.
3. Chandrabhushan Yadav @ Chandrabhushan Kumar S/o Late Umesh Yadav
Residents of Village - Pachbhidiya, P.S.- Ramgarhwa, District - East
Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ramgarhwa P.S.
Case No. 45 of 2026 registered for the offences punishable under
Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352 and
351(2) of the BNS.
3. As per FIR, petitioners alleged to assault informant
and other family members by using sword, iron rod etc., causing
head and other bodily injuries, where alleged assault was made
with an intention to cause death, where occurrence alleged to be
arising out of dispute in relation with cutting of trees.
Patna High Court CR. MISC. No. 33808 of 2026(2) dt.15-05-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioners that allegation qua physical assault is
appearing very much general and omnibus against petitioners,
where both parties received injuries and for the same set of
occurrence petitioner’s side also lodged a case, which has been
registered as Ramgarhwa P.S. Case No. 52 of 2026. It is
submitted that specific allegation is available against petitioner
no. 2 to assault on the head of the informant, which upon
medical examination found simple in nature. It is also pointed out
that nature of injuries found upon different parts of the body
which upon medical examination found simple in nature and non-
repeated. It is further submitted that by taking nature of assault
and manner of injuries it can be gathered safely that petitioners
were not under intention to cause death of injured. In support of
his submission learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through State of Himachal
Pradesh Vs. Shamsher Singh, [2025 SCC OnLine 807].
While concluding arguments, it is submitted that petitioner no. 2
is a man of clean antecedent and petitioner no(s). 1 and 3 found
involved in one more criminal case where they are on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
Patna High Court CR. MISC. No. 33808 of 2026(2) dt.15-05-2026
3/3
and by taking note of fact as both parties received injuries,
coupled with the fact as injuries alleged to be caused by
petitioner upon medical examination found simple in nature,
accordingly all above-named petitioners, in the event of their
arrest or surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned SDJM,
Raxual, East Champara at Motihari/concerned Court, where the
case is pending in connection with Ramgarhwa P.S. Case No. 45
of 2026, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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