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Patna High Court

Harendra Yadav @ Harendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Harendra Yadav, was arrested on 27‑12‑2025 in connection with a 2014 case involving alleged assault with a knife, charged under IPC sections 323, 324, 307 and 34. The prosecution alleged that the petitioner and co‑accused attacked the informant's husband during a fight, causing injury but no death. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the incident was a spontaneous altercation without intent to kill. The learned Additional Public Prosecutor opposed bail, while the petitioner’s counsel argued for release on the basis of his clean record and lack of murderous intent. The court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of criminal antecedent, and ordered that bail may be cancelled if conditions are breached.

Issues considered

  • Whether bail should be granted to an accused of offences under IPC sections 323, 324, 307/34 given the circumstances of the case.
  • Whether the petitioner’s clean antecedent and lack of intent to kill justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • IPC 323
  • IPC 324
  • IPC 307
  • IPC 34
  • clean antecedent
  • court conditions
  • Patna High Court
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16642 of 2026
                   Arising Out of PS. Case No.-356 Year-2014 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Harendra Yadav @ Harendra Rai Son of Achhe Rai @ Achhe Yadav @
                 Achhelal Yadav Resident of Village- Panchb hirwa, P.S.- Ramgarhwa,
                 District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Rajesh Kumar, Advocate
                 For the State              :     Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                          Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner as well as Mr. Chandra Sen Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   27.12.2025 in connection with Sugauli P.S. Case No. 356 of

                   2014, F.I.R. dated 06.10.2014for the offences punishable under

                   Sections 323, 324, 307/34 of the Indian Penal Code.

                                3.       According to prosecution case, the informant

                   alleged that when she was returning to home with her husband,

                   on the way, they saw the petitioner along with other co-accused

                   persons fighting with other people. When the husband of the

                   informant went to resolve the fight, the accused persons

                   assaulted her husband with knife.
Patna High Court CR. MISC. No.16642 of 2026(2) dt.16-03-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated. It appears from the FIR

          that due to spur of moment the present occurrence has taken

          place. Although there is specific allegation against the petitioner

          that he assaulted the husband of the informant and he received

          injury but there was no intention to kill anyone. He further

          submits that the petitioner is in custody since 27.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and there was

          no intention to kill anyone, let the petitioner, above named, 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 the learned C.J.M, Motihari, East Champaran in

          connection with Sugauli P.S. Case No. 356 of 2014 , subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.16642 of 2026(2) dt.16-03-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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