Patna High Court
Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Ajit Yadav was arrested in connection with a case (Raghunathpur PS No. 280 of 2025) alleging that he and a group assaulted the brother of an informant, resulting in the victim's death. The petitioner claimed innocence, arguing that the FIR was lodged eight days after the incident without explanation and contained only vague, omnibus allegations. He also highlighted that the post‑mortem report suggested injuries caused by a sword, whereas the charge alleged assault with fists and slaps. The petitioner, who has been in custody since 22‑11‑2025 and has a clean antecedent, sought bail. The State opposed bail, but the Court noted the lack of specific allegations and the discrepancy in the injury evidence, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary discrepancies.
- Whether the delay in lodging the FIR and the general nature of the allegations affect the bail decision.
Legislation cited
- B.N.S., 2023 — s. 103, 115(2), 126(2), 329(3), 3(5), 352
Subjects
- bail
- assault
- homicide
- delay in FIR
- post‑mortem evidence
- general allegation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13983 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Ajit Yadav @ Ajit Kumar Yadav Son of Satan Yadav Resident of Village -
Baruan, P.S.- Raghunathpur, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
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 Raghunathpur P.S. Case
No. 280 of 2025 registered for the offence punishable under
Sections-126(2), 115(2), 329(3), 352, 103 & 3(5) of the B.N.S.
2023.
3. Allegation against the petitioner is that he along
with a group of 10 persons assaulted the brother of the
informant, as a result of which the informant’s brother
succumbed to the injuries.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. It has been submitted that there is delay of eight
days in lodging the FIR and no plausible explanation has been
Patna High Court CR. MISC. No.13983 of 2026(3) dt.01-04-2026
2/2
offered for the said delay. From perusal of the FIR itself, it
would be apparent that there is no specific allegation against the
petitioner rather there is general and omnibus allegation. The
petitioner is under custody since 22-11-2025 and he is a man of
clean antecedent.
5. Learned APP has opposed the prayer for bail.
6. The specific allegation against the petitioner is of
assaulting the deceased with fist and slaps. The postmortem as
mentioned in the case diary would show that the injury probably
has been caused with a sword.
7. The nature of allegation and the fact that the injury
sustained by the deceased prima facie does not look like
supporting the prosecution case, 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, Siwan in
connection with Raghunathpur P.S. Case No. 280 of 2025.
(Ansul, J)
A.K.V.//-
U T
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