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Patna High Court

Binod Yadav @ Binod Kumar Yadav @ Vinod Kumar @ Vinod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on condition of a Rs 10,000 bond and two sureties.

Summary

The petitioner, Binod Yadav, was arrested in connection with a land‑related dispute in which he allegedly assaulted his brother with an iron rod, causing a grievous head injury. He is charged under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bihar Non‑Specific Act, 2023. The petitioner pleaded that he has a clean record, has been in custody since 8 December 2025, and that the allegations are false. He argued that the injury was not the result of a repeated assault and that he would not abscond if released on regular bail. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, to be satisfied by the trial court.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS, 2023.
  • Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
  • Whether the alleged injury qualifies as grievous and warrants denial of bail.

Subjects

  • bail
  • criminal procedure
  • assault
  • grievous injury
  • land dispute
  • false implication
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14391 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Binod Yadav @ Binod Kumar Yadav @ Vinod Kumar @ Vinod Yadav Son of
                 Late Kripali Yadav Resident of Village - Kanp Paschimi, Ward No.- 7, Police
                 Station - Sour Bazar, District - Saharsa

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Singh
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2),

                   352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 08.12.2025 and the informant alleges that on account of

                   dispute relating to land, on orders of Vijay, the petitioner

                   assaulted his brother by an iron rod causing injury on head.

                                4. Learned counsel submits that petitioner has been

                   falsely implicated in the instant case by the informant. It is

                   further submitted that from perusal of the allegation as alleged
             Patna High Court CR. MISC. No.14391 of 2026(2) dt.05-05-2026
                                                         2/2




                       in the FIR, it would manifest that on account of dispute relating

                       to land, the occurrence is alleged to have taken place. It is

                       further submitted that even presuming what has been alleged is

                       true without admitting then the blow is not alleged to have been

                       repeated and petitioner is not a criminal but then it is fairly

                       submitted that the injury has been opined to be grievous. It is

                       next submitted that if privilege of regular bail is granted, the

                       petitioner will not abscond rather will cooperate in the trial to

                       prove his innocence.

                                     5. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Sour

                       Bazar P.S. Case No.248 of 2025.



                                                                  (Satyavrat Verma, J)
amit/-

U        T


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