Created by Fuzzy Cloud

Patna High Court

Mahendra Yadav @ Mahendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.