Patna High Court

Binod YadavversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: ANSUL

Holding

The court held that, given the petitioner’s clean antecedent, the agnatic relationship between the parties and the existence of a case‑and‑counter‑case, bail should be granted.

Summary

Binod Yadav was arrested in connection with an assault case (K. Nagar P.S. Case No. 89 of 2025) under several sections of the Bhartiya Nyaya Sanhita, 2023. He alleged that he was falsely implicated and that the parties involved are agnates with a history of meditations and settlements, resulting in a case‑and‑counter‑case scenario. The petitioner, who has no prior criminal record, had been in custody since 14‑12‑2025 and sought bail. The informant opposed bail, claiming the petitioner assaulted him, specifically injuring his leg. The court considered the familial relationship, the clean antecedent of the petitioner, and the prolonged pre‑trial detention, and ordered his release on bail with a bond of Rs. 10,000 and two sureties. The order was pronounced by Justice Ansul.

Issues considered

Whether the petitioner is entitled to bail despite the serious offences charged under the Bhartiya Nyaya Sanhita, 2023
Whether the familial relationship and the existence of a case‑and‑counter‑case affect the bail decision

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 190, 191(2), 1913), 303(2), 352, 76

Subjects

bail
assault
criminal procedure
Bhartiya Nyaya Sanhita
agnates
case and counter case
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13483 of 2026
                 Arising Out of PS. Case No.-89 Year-2025 Thana- KRITYANAND NAGAR District- Purnia
                 ======================================================
                 Binod Yadav S/O Nand Lal Yadav Res of Village- Rampur Milik, Ward no.-
                 13, P.S.- K. Nagar, District- Purnea.               ... ... Petitioner/s


                                                      Versus
                 The State of Bihar                                     ... ... Opposite Party/s

                   ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N. K. Agrawal, Sr. Adv.
                                                 Mr.Bidhu Ranjan, Adv.
                                                 Mr. Kumar Rajdeep, Adv.
                 For the Opposite Party/s :      Mr.Tarun Prasad Mandal, APP
                 For the informant        :      Mr. Ajit Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in K. Nagar P.S. Case No.

                   89 of 2025 registered for the offence punishable under Sections-

                   191(2), 1913), 190, 115(2), 118(1), 109, 76, 303(2) & 352 of

                   Bhartiya Nyaya Sanhita, 2023.

                                 3. As per allegation, a group of persons entered the

                   house of the informant and started to assault him and when

                   other persons came to rescue, they were also assaulted.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case. The petitioner and the informant are related to each

                   others having common ancestors and there has been a series of
            Patna High Court CR. MISC. No.13483 of 2026(3) dt.01-04-2026
                                                        2/2




                      meditations and settlements between both sides. There is case

                      and counter case between the parties. The petitioner is in

                      custody since 14-12-2025. The petitioner is a man of clean

                      antecedent.

                                   5. Learned counsel appearing for the informant has

                      opposed the prayer for bail by submitting that the petitioner

                      entering into house, brutally assaulted the informant.

                                   6. Allegation is that a group of persons including the

                      petitioner assaulted the informant. There is case and counter

                      case between the parties. The specific allegation against the

                      petitioner is of assaulting on the leg.

                                   7. Considering the fact that the parties are agnates and

                      there is case and counter case between the parties as also the

                      fact that the petitioner has got no criminal antecedent and he is

                      in custody since 14-12-2025, let the petitioner named above, be

                      released on bail on furnishing bail bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned Court below/concerned Court, Purnea in

                      connection with K. Nagar P.S. Case No. 89 of 2025.



                                                       (Ansul, J)
A.K.V.//-
U       T

Continue reading with your account

Checking your session…