Patna High Court

Pawan Yadav @ Anand KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The High Court granted regular bail to the petitioner.

Summary

Petitioner Pawan Yadav was arrested in connection with an assault and robbery of the informant's husband, alleged to involve multiple offences under the Bihar Penal Code. The trial court denied his regular bail, citing a general and omnibus charge and his prior criminal antecedents, including two pending cases and custody since 28‑11‑2025. The petitioner’s counsel argued that the injuries, though one was grievous, were bailable and that the allegations against him were not specific. The State opposed bail, emphasizing the seriousness of the offences. After hearing both sides, the Patna High Court found the circumstances warranted bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.

Issues considered

Whether the petitioner is entitled to regular bail despite the nature of the offences and his criminal antecedent
Whether the grievous injury alleged makes the offence non‑bailable
Whether the lack of specific allegations against the petitioner justifies bail

Subjects

bail
criminal antecedent
grievous injury
assault
robbery
high court
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10469 of 2026
                        Arising Out of PS. Case No.-177 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Pawan Yadav @ Anand Kumar S/O Subhit Lal Yadav Resident Of Village -
                 Bishanpur, P.S- Belhar, Dist.- Banka                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurabh Raj, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 118(1), 352, 351(2), 109, 303(2) and 3(5) of the

                   BNS.

                                3. The case of the prosecution, in short, is that as the

                   husband of the informant was coming home, all the accused

                   persons along with other unknown persons stopped the

                   informant’s husband. The accused persons were armed with

                   weapons. They assaulted the husband of the informant with

                   knife, iron rod and lathi resulting in various injuries. It is further

                   alleged that accused persons also looted Rs.10,000/- from the

                   husband of the informant.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10469 of 2026(2) dt.23-02-2026
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          nature of allegation is general and omnibus. Learned counsel for

          the petitioner has submitted that there is no specific allegation

          against the petitioner and from perusal of the order of the

          learned trial court it will go to show that learned trial court has

          recorded that the injury report of the injured Kamal Kishor Sah

          goes to show that he has received altogether six injuries wherein

          injury no.4 is grievous in nature and rest all the injuries are

          simple in nature. Injury no.4 is on left arm and the X-ray of left

          forearm shows fracture of left radius & ulna & fracture of 1 st

          metacarpal left. Learned counsel for the petitioner has submitted

          that as this injury no.4 is on left forearm, though the same is

          grievous but bailable. Other injuries are simple in nature.

          Learned counsel for the petitioner submits that learned trial

          court has rejected the bail of this petitioner as in trial court the

          conducting lawyer has concealed the antecedent of the

          petitioner. Learned counsel for the petitioner has submitted that

          the petitioner is having criminal antecedent of two cases and he

          is languishing in judicial custody since 28.11.2025.

                       5. Learned APP for the State has vehemently opposed

          the bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.10469 of 2026(2) dt.23-02-2026
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                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Belhar P.S. Case No. 177 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Banka.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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