Patna High Court
Guddu yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to a bond of Rs 10,000, two sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners – five residents of Semrhi village – were implicated in a police case (Yadopur PS Case No.198 of 2025) for alleged assault on an informant and his father, allegedly using lathis, rods and a spear. The prosecution alleged offences under Sections 126(2), 115(2), 117(2), 118(2), 109, 303(2), 351(2) and 352 of the B.N.S.S. The petitioners contended they were falsely implicated, highlighted a three‑day delay in filing the FIR, and pointed out that the injuries were superficial and no sharp‑weapon cuts were found. The State opposed the bail application. Considering the doubtful nature of the allegations against the petitioners, the superficial injuries, the delay in FIR, and the petitioners’ clean antecedent, the court ordered bail on a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under Sections 126,115,117,118,109,303,351 and 352 of the B.N.S.S.
- Whether the delay in filing the FIR and the nature of injuries affect the bail decision
- Whether the petitioners’ clean antecedent warrants release on bail
Legislation cited
- B.N.S.S. — s. 109, 115(2), 117(2), 118(2), 126(2), 303(2), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- Section 482(2)
- clean antecedent
- delay in FIR
- injury assessment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13890 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- YADOPUR District- Gopalganj
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1. Guddu Yadav son of Late Inar Yadav @ Indar Yadav Resident Of Village-
Semrhi P.S. -Yadopur District -Gopalganj
2. Chandan Kumar son of Ramakant Yadav Resident Of Village- Semrhi P.S
-Yadopur District -Gopalganj
3. Lalan Yadav Son of Late Dinanath Yadav Resident Of Village- Semrhi P.S.
-Yadopur District -Gopalganj
4. Rohit Kumar Yadav @ Rohit Kumar Son of Lalan Yadav Resident Of
Village- Semrhi P.S. -Yadopur District -Gopalganj
5. Buni Yadav Son of Ramraj Yadav Resident Of Village- Semrhi P.S.
-Yadopur District -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Irshad Ahmad Khan, Adv.
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Yadopur P.S. Case No. 198 of 2025
registered for the alleged offences under Section 126(2), 115(2),
117(2), 118(2), 109, 303(2), 351(2), 352 of the BNS.
03. As per prosecution case, petitioners and other
coaccused persons armed with lathi, danda, rod and spear
surrounded the informant and in the background of their previous
enmity, assaulted him. Coaccused Jagdish Yadav hit him on the
Patna High Court CR. MISC. No.13890 of 2026(2) dt.18-03-2026
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head with farsa causing cut injury on his head and petitioners and
other coaccused assaulted him with lathi, danda and rod. Further
allegation against the petitioners is that they assaulted the father of
the informant with lathi causing injuries to him.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The informant and petitioner sides are co-villagers and are
neighbours. There is delay of three days in institution of the FIR
and there is no explanation for the same. Specific allegation of
assault on informant and his father is against coaccused Jagdish
Yadav and Bhikham Yadav who is stated to have given farsa flow
on the head of the father of the informant. But no such injury of
any sharp/heavy cutting weapon has been found on the informant
and his father. Other injuries on the informant and his father are
simple and superficial in nature. The petitioners are having clean
antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
doubtful nature of allegation against the petitioners and also
considering the simple injury of informant and his father attributed
to the petitioners and further considering their clean antecedent, let
Patna High Court CR. MISC. No.13890 of 2026(2) dt.18-03-2026
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the petitioners above named, in the event of their arrest or
surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of Court of learned
ACJM-X, Gopalganj in connection with Yadopur P.S. Case No.198
of 2025, subject to the condition laid down under Section 482(2)
of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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