Patna High Court
Mahendra Yadav @ Mahendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to all petitioners subject to the conditions prescribed under Section 482(2) of the Bihar Criminal Procedure Code.
Summary
The petitioners Mahendra Yadav, Rajkumar Yadav, Ramsurup Yadav and Bachu Yadav were named in FIR No. 424 of 2025 for alleged assault under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bihar Penal Code. They sought bail, arguing that the alleged assault was vague, the injury to the informant's uncle was simple and did not show intent to cause death, and that they were already on bail in another case. The State opposed the bail application. The court examined the medical report and the nature of the allegations, finding them general and not establishing a strong prima facie case. Consequently, the court directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to the conditions of Section 482(2) of the Bihar Criminal Procedure Code. The order was made with a direction to surrender before the lower court within four weeks.
Issues considered
- Whether the allegations of assault constitute a prima facie case justifying denial of bail
- Whether the medical evidence showing simple injury negates the intention to cause death
- Whether bail can be granted under Section 482(2) of the Bihar Criminal Procedure Code
Subjects
- bail
- criminal assault
- prima facie case
- medical evidence
- Section 482(2)
- Bihar Penal Code
- Bihar Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10802 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
1. Mahendra Yadav @ Mahendra Prasad S/o Ramswarup Singh @ Ramswarup
Yadav R/o Village - Rasalpur, P.S.- Khizersarai, District - Gaya
2. Rajkumar Yadav S/o Ramswarup Singh @ Ramswarup Yadav R/o Village -
Rasalpur, P.S.- Khizersarai, District - Gaya
3. Ramswarup Yadav @ Sarup Singh S/o Karu Singh @ Karu Yadav R/o
Village - Rasalpur, P.S.- Khizersarai, District - Gaya
4. Bachu Yadav @ Bachu Singh S/o Karu Singh @ Karu Yadav R/o Village -
Rasalpur, P.S.- Khizersarai, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard the parties.
2.The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Khizersarai
P.S. Case No. 424 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 109(1), 352,
351(2), 3(5) of BNS.
3. As per FIR, petitioners alleged to assault
informant where occurrence is alleged to be taken place
due to dispute arising out of common passage.
Patna High Court CR. MISC. No.10802 of 2026(2) dt.24-02-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioners that parties are in litigating
terms as prior to this case one case was also lodged by
informant against petitioner. It is submitted that the
allegation qua physical assault is appearing very general
and omnibus in nature and upon medical examination
injury upon uncle of informant namely, Kishundev Yadav
found simple in nature negating prima-facie intention to
cause death. While concluding arguments, it is submitted
that petitioners 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 submission and
by taking note of fact as allegation qua causing physical
assault is appearing very general and omnibus against
petitioners, coupled with the fact that upon medical
examination the injury as alleged to be caused by
petitioners found simple in nature, accordingly all above-
named petitioners, in the event of their arrest or
Patna High Court CR. MISC. No.10802 of 2026(2) dt.24-02-2026
3/3
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 JMFC, Gaya /concerned Court, where the
case is pending in connection with Khizersarai P.S. Case
No. 424 of 2025, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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