Created by Fuzzy Cloud

Patna High Court

Brajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner on the basis of his clean antecedent and the absence of any specific allegation against him in the FIR.

Summary

Brajesh Yadav was arrested on 7 December 2025 in connection with a case alleging that he, along with co‑accused, assaulted the husband of an informant with the intent to kill, resulting in the victim's death. The FIR, filed on 1 October 2025, charges him under several sections of the BNS, but the petitioner's counsel argues that the FIR is delayed, lacks specific allegations against him, and is fabricated. The petitioner has a clean criminal antecedent and contends that the informant is not an eye‑witness. The State opposed bail, citing the seriousness of the offences. The Court, noting the absence of any specific charge against the petitioner in the FIR and his clean record, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the BNS.
  • Whether the FIR's delay and lack of specific allegation against the petitioner justify bail.
  • Whether the petitioner's clean antecedent warrants bail.

Legislation cited

  • BNS — s. 110, 115(2), 117(2), 118(1), 126(2), 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • FIR delay
  • clean antecedent
  • assault
  • homicide
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21280 of 2026
                    Arising Out of PS. Case No.-176 Year-2025 Thana- SANHAULA District- Bhagalpur
                 ======================================================
                 Brajesh Yadav Son of Pugal Yadav R/o Village - Milki, P.S. - Sanhaula,
                 District -Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Kumar @Deepak Sahay, Advocate
                 For the Opposite Party/s :      Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                         Heard Mr.Sanjeev Kumar @Deepak Sahay,

                   learned counsel for the petitioner and Mr.Anil Kumar, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   07.12.2025 in connection with Sanhaula P.S. Case No. 176 of

                   2025, F.I.R. dated 01.10.2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 118(1), 117(2), 110,

                   61(2), 3(5) of BNS.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons in planning assaulted

                   with iron rod and lathi on the head, mouth and hand of the

                   husband of the informant with intention to kill due to which

                   blood oozed out and they threw him in “Danr” believing that
Patna High Court CR. MISC. No.21280 of 2026(2) dt.31-03-2026
                                            2/4




          he has died.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent. The

          allegation as alleged in the FIR is false and fabricated. It

          appears from the FIR itself that the informant is not the eye

          witness of the alleged occurrence. From a bare perusal of the

          FIR it appears that the date of occurrence as alleged in the

          FIR is 16.09.2025 at 10.30 AM but the present FIR has been

          instituted on 01.10.2025 at 12.30 hrs after delay of about 15

          days without giving any explanation of delay, afterthought

          only to falsely implicate the petitioner and other family

          members, apart from the aforesaid, it appears from the FIR

          that although the petitioner is named in the FIR but there is no

          specific allegation of any assault or overt-act attributed

          against the petitioner rather there is general and omnibus

          allegation against all the accused persons including the

          petitioner and the police, after investigation, submitted the

          chargesheet against the petitioner and the petitioner is in

          custody since 07.12.2025.

                       5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has
Patna High Court CR. MISC. No.21280 of 2026(2) dt.31-03-2026
                                            3/4




          clean antecedent and there is no specific allegation of any

          assault or overt-act attributed against the petitioner in the FIR,

          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 learned

          Judicial Magistrate-1st Class, Bhagalpur in connection with

          Sanhaula P.S. Case No. 176 of 2025, with 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 on his/her absence on two consecutive dates

          without sufficient reason, his/her 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
               Patna High Court CR. MISC. No.21280 of 2026(2) dt.31-03-2026
                                                           4/4




                         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)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.