Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for regular bail, directing the petitioner’s release on bail with specified conditions.
Summary
The petitioner, Upendra Yadav, was arrested in connection with a case registered under Sections 126(2), 115(2), 308(2), 109(1), 352, 351(2) and 3(2) of the B.N.S., alleging assault and injury to the victim. He claimed innocence, stating he had been falsely implicated, and highlighted his four prior criminal antecedents while having been in custody since 21‑01‑2026. The State opposed his regular bail application. The court, after considering the allegations and the period of custody, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties of the same amount. The court imposed a condition that the petitioner must attend the Balia Police Station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his prior criminal antecedents
- Whether the conditions imposed for bail, including weekly police station attendance, are appropriate
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 308(2), 3(2), 351(2), 352
Subjects
- bail
- regular bail
- criminal procedure
- Bihar
- court conditions
- Sections 126,115,308,109,352,351,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20037 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Upendra Yadav S/O Late Samar Yadav R/O Village- Sudipi Diyara, P.S-
Balia, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Balia
P.S. Case No. 516/2025 registered for the offences punishable
under Sections 126(2), 115(2), 308(2), 109(1), 352, 351(2) and
3(2) of B.N.S.
3. As per the prosecution case, petitioner and other
accused persons are alleged of assaulting and causing injury to
the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
four criminal antecedents and he is in custody since 21.01.2026.
The petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.20037 of 2026(2) dt.01-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the allegations levelled against the
petitioner and the period of custody, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Begusarai/concerned Court
below in connection with Balia P.S. Case No. 516/2025.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Balia Police Station, District- Begusarai on every Sunday of the
month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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