Patna High Court
Niraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Niraj Yadav, sought bail in a case (PS Dhankund No.88 of 2024) involving alleged assault and robbery under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused, including the petitioner, threatened an informant and on 30‑08‑2024 attacked her husband with an iron rod, also assaulting the informant and seizing jewellery and documents. The petitioner contended he had no prior criminal record, was falsely implicated, and that specific allegations of the iron‑rod assault were directed at a co‑accused, Ajay Yadav, with no particular charge against him. The State opposed bail, but the court noted the lack of specific allegations, the petitioner’s custody duration, and the fact that a co‑accused had already been released on bail. Consequently, the court granted bail on a Rs.15,000 bond with two sureties and imposed conditions regarding family surety and trial attendance.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the absence of a specific allegation against the petitioner warrants bail on the principle of parity with co‑accused who were released
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- false implication
- parity
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11053 of 2026
Arising Out of PS. Case No.-88 Year-2024 Thana- DHANKUND District- Banka
======================================================
Niraj Yadav Son of Late Bilash Yadav Resident of village - Kathara, P.S.-
Dhankund, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Dhankund P.S. Case No. 88 of 2024 instituted for the offence
under Sections 191(2), 190, 126(2), 115(2), 109(1), 74, 303(2),
352, 351(2) & 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the accused
persons, including the petitioner, had earlier threatened the
informant and, on 30.08.2024, came armed to her house and
assaulted her husband with an iron rod and lathi, rendering him
unconscious. It is further alleged that when the informant
intervened, she was also assaulted and her silver jewellery and
documents were forcibly taken away.
Patna High Court CR. MISC. No.11053 of 2026(2) dt.23-02-2026
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4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 08.10.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is named in the FIR. Specific allegation of
giving iron rod blow is attributed to co-accused, namely, Ajay
Yadav. So far as other co-accused persons, including the
petitioner is concerned, there is no specific allegation against
them rather the same is general and omnibus in nature. Similarly
situated co-accused has been enlarged on bail by a Co-ordinate
Bench of this Court vide order dated 20.06.2025, passed in Cr.
Misc. No. 23270 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and claim based on
parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.11053 of 2026(2) dt.23-02-2026
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of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhankund P.S. Case
No. 88 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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