Patna High Court
Asarafi Yadav @ Asharfi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Asarafi Yadav, was arrested on 14‑12‑2025 in connection with FIR No. 259 of 2025 alleging assault and other offences under the Bihar National Security Act, 2023. The prosecution alleges that he, along with others, brutally assaulted an informant and her husband over a petty land dispute, invoking sections 191(2), 190, 126(2), 115(2), 118(1), 109, 74, 3039 and 352. The petitioner’s counsel argued that he has a clean antecedent, was falsely implicated, and there was no intention to kill, seeking bail. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused of multiple offences under the Bihar National Security Act, 2023 considering the nature of the alleged assault and his antecedents.
Subjects
- bail
- criminal procedure
- assault
- Bihar National Security Act
- antecedent verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18379 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
Asarafi Yadav @ Asharfi Yadav Son of Late Ramsundar Yadav Resident of
Village- Dharhar Jamuniya ward no. 15, P.S.- Dhamdha, District- Purnea-
854205
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Anand, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Abhishek Anand, learned counsel for the
petitioner and Mr. Pramod Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.12.2025 in connection with Dhamdaha @ Dhamdha P.S.
Case No. 259 of 2025, F.I.R. dated 01.09.2025 for the offences
punishable under Sections 191(2), 190, 126(2), 115(2), 118(1),
109, 74, 30392) and 352 of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons brutally assaulted the informant and
her husband over a petty dispute.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.18379 of 2026(2) dt.24-03-2026
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implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place.
Although there is specific allegation against the petitioner that
he has assaulted to the husband of the informant, Phulo Yadav
due to which he has received injury. He further submits that
both the parties are agnate to each other and due to some land
dispute the present occurrence took place and there is no
intention to kill anyone. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 14.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 Judicial
Magistrate 1st Class, Purnea in connection with Dhamdaha @
Dhamdha P.S. Case No. 259 of 2025, 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.18379 of 2026(2) dt.24-03-2026
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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)
Vanisha/-
U T
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