Patna High Court
Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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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
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