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Patna High Court

Bhikham Yadav @ Bhikham Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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