Patna High Court
Bharat YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners subject to a bond of Rs 10,000 each and two sureties.
Summary
The petitioners, Bharat Yadav, Santosh Kumar and Ram Kailas Yadav, were arrested on 3 December 2025 in connection with a land‑dispute‑related assault and charged under several sections of the B.N.S., 2023. They applied for bail before the Patna High Court, arguing that there is a counter‑case and that they have also suffered injuries. The State opposed the bail on the ground of the seriousness of the offences. The Court, after hearing the senior counsel for the petitioners and noting the length of their custody, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate, 1st Class, Sherghati. The Court expressly clarified that it made no finding on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused persons charged under sections 109, 126(2), 115(2), 118(1), 118(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- land dispute
- B.N.S. 2023
- custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21717 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- AMAS District- Gaya
======================================================
1. Bharat Yadav S/O Ram Kailash Yadav Resident of Chotka Bahera, P.S.-
Amas, District-Gaya.
2. Santosh Kumar @ Guddu S/O Abhimanyu Yadav Resident of Chotka
Bahera, P.S.-Amas, District-Gaya.
3. Ram Kailas Yadav S/O Late Tulsi Yadav Resident of Chotka Bahera, P.S.-
Amas, District-Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Senior Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned Senior Counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Amas P.S. Case No.335 of 2025 registered for the offence under
sections 109, 126(2), 115(2), 118(1), 118(2), 352, 351(2) and
3(5) of the B.N.S., 2023.
3. The petitioners are accused of assaulting the
victims. They are in custody since 03.12.2025.
4. Learned Senior Counsel for the petitioners
submits that there is case and counter case between the parties.
He further submits that the petitioners’ side has also sustained
Patna High Court CR. MISC. No.21717 of 2026(2) dt.07-04-2026
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injuries and it is a case of land dispute.
5. Learned APP for the State has opposed the
prayer of the petitioners for grant of bail.
6. Considering the submissions of learned
Senior Counsel for the petitioners and also the period of custody
of the petitioners, this bail application is allowed.
7. Let the petitioners, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate, 1st Class, Sherghati, District-
Gaya ji / concerned Court below, in connection with Amas P.S.
Case No.335 of 2025.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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