Patna High Court
Alok Yadav @ Alok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the injuries were non‑serious and no direct evidence linked him to the assault.
Summary
Alok Yadav petitioned the Patna High Court seeking bail in connection with PS Harlakhi Case No. 116 of 2025, wherein he was alleged to have participated in a violent assault and robbery under multiple sections of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioner and co‑accused assaulted the informant's father, snatched valuables, and caused injuries. The petitioner contended that the FIR was lodged three days after the incident, that the injuries were superficial, and that no injury could be linked to him, particularly the alleged neck injury. The court examined the nature of the injuries, the delay in filing the FIR, and the lack of direct evidence against the petitioner. Considering the non‑serious nature of the injuries and the absence of incriminating evidence, the court ordered the petitioner to be released on bail subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offences and the nature of the evidence
- Whether the delay in filing the FIR and the lack of specific injuries attributable to the petitioner warrant bail
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- robbery
- FIR delay
- injury report
- Section 482
- non‑serious injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19328 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Alok Yadav @ Alok Kumar Yadav S/o- Phul Kumar Yadav, R/o Village-
Kundal Madhiya, Ward No- 2, PS- Harlakhi, District- Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Harlakhi P.S. Case
No. 116 of 2025, dated 10.05.2025, registered for the offences
punishable under Sections 126(2), 115(2), 352, 351(2), 109, 74
and 303(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioner and other co-
accused persons surrounded the father of the informant and
brutally assaulted him and his companion Satrudhan Mandal.
They also snatched ornaments worth rupees one lakh and fifty
thousand and also rupees fifty thousand in cash from their
victims.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.19328 of 2026(2) dt.06-04-2026
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case. No occurrence in the manner as alleged has ever taken
place. The FIR has been lodged after a delay of three days
without any explanation and the FIR was sent to the learned
Court of Magistrate after further delay of nine days. Though
there is allegation against the petitioner that he assaulted the
father of the informant with iron-rod and dragged him after
putting a gamcha around his neck, the injury report does not
show any injury on neck and all the injuries on the persons of
the father of the informant are on right leg, below left leg, right
elbow and right forearm. All the injuries have very small
dimensions and appear to be superficial. The petitioner is having
antecedent of two cases and he is on bail on both the cases.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-serious nature of injuries of the victim and absence of
injury attributed to this petitioner, let the petitioner, above-
named, in the event of his arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
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amount each to the satisfaction of learned Munsif Judicial
Magistrate, Benipatti, in connection with Harlakhi P.S. Case
No. 116 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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