Patna High Court
Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Chandan Yadav, applied for bail in a case registered under multiple sections of the B.N.S., 2023, alleging assault with a khanti, lathi, and gun resulting in injuries to the informant's husband. The prosecution alleged that the petitioner and accomplices attacked the victim, causing head injury and other grievous injuries. The petitioner contended he was falsely implicated, had no prior criminal record, and that the dispute stemmed from a trivial issue, with only a single alleged blow. The defense highlighted that the injury report showed multiple injuries, some possibly unrelated, and argued the case did not warrant denial of bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences under the B.N.S., 2023
- Whether the nature and seriousness of the alleged injuries justify denial of bail
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- injury
- surety
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17050 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Chandan Yadav Son of Shambhu Yadav R/o Village - Pachna, P.S. and
District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roop Kishan, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sheikhpura P.S. Case No. 157 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 303(2),
117(2), 352, 351(2), 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioner, along with others being armed with khanti, lathi and
gun, arrived at the door of the informant and assaulted the
husband of the informant. It is further alleged that the petitioner
assaulted the informant's husband with khanti on the head, due
to which he received head injury.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is innocent and has
Patna High Court CR. MISC. No.17050 of 2026(3) dt.21-04-2026
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committed no offense. He has been falsely implicated in this
case. He also submits that the petitioner and informant are both
agnates. He further submits that from perusal of the injury
report of Lutish Yadav (the husband of the informant), it will
transpire that he has received four injuries:-
(i) CLW- Right fronto parietal shape- linear
longitudinal size L-2.5”, b-1/2 cm Skin deep, color-red with
oblique in shape (horizontal) linear.
(ii) Deformity and swelling in the upper lumbar
(iii) Deformity and swelling of left lower limb
(iv) Swelling of right lower limb
5. The opinions regarding injuries nos. 2, 3, and 4 are
that they are caused by hard and blunt substance and are
grievous in nature.
6. Learned counsel for the petitioner further submits
that the dispute has arisen out of a trivial issue, and the only
specific allegation against the petitioner is that of assaulting
with a khanti. There is no repetition of the blow. Moreover, the
opinion regarding injury no. 1 is still reserved. A statement has
been made in paragraph 3 of the petition that the petitioner has
no criminal antecedent and he has been languishing in judicial
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custody since 13.12.2025.
7. The application for bail is opposed by learned APP
for the State.
8. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Sheikhpura in connection with Sheikhpura
P.S. Case No. 157 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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