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Patna High Court

Uday Kumar @ Uday YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Summary

The petitioner, Uday Kumar, was implicated in a case involving assault, robbery and several offences under the Bihar Narcotic Substances Act, 2023. He alleged that he has a clean antecedent and was falsely implicated, noting that the injury to the victim was simple and the dispute appears to be a petty one. The prosecution opposed bail, citing the seriousness of the charges. The court, considering the petitioner’s clean record, the nature of the injury, and the existence of a case‑and‑counter‑case, granted bail subject to conditions under Section 438(2) of the CrPC and a bail bond of Rs 10,000 with two sureties. The bail order also imposed conditions regarding cooperation with the trial, presence in court, and non‑tampering with evidence, with provisions for cancellation if breached.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act, 2023
  • Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail
  • Whether there is a risk of the petitioner tampering with evidence or witnesses

Legislation cited

Subjects

  • bail
  • Criminal Procedure
  • Section 438 CrPC
  • Bihar Narcotic Substances Act
  • false implication
  • assault
  • robbery
  • clean antecedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22489 of 2026
                       Arising Out of PS. Case No.-488 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Uday Kumar @ Uday Yadav S/o- Late Suresh Prasad R/v- Ratan Bigha Ps-
                 Ghosi Dist- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                      Heard Mr. Birendra Kumar, learned counsel for the

                   petitioner and Md. Ataur Rahman, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Ghosi P.S. Case No. 488 of 2025, F.I.R. dated

                   13.09.2025 for the offences punishable under Sections 126(2),

                   115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner armed with weapons have

                   brutally assaulted the informant's nephew and they also snatched

                   his gold chain and other belongings worth Rs. 1,36,000/-.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. It appears from the FIR that due
Patna High Court CR. MISC. No.22489 of 2026(2) dt.17-04-2026
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          to some petty dispute the present occurrence has taken place.

          There is case and counter case between the parties. Although

          there is specific allegation against the petitioner that he has

          assaulted to the informant but the injury report of the informant

          suggest that the injury is simple in nature caused by hard and

          blunt substance.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, there is case and counter

          case between the parties and the injury is simple in nature, let

          the petitioner, above named, in the event of arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, 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 the learned C.J.M.,

          Jehanabad in connection with Ghosi P.S. Case No. 488 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure and with other following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.22489 of 2026(2) dt.17-04-2026
                                                        3/3




                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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

                      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)
Vanisha/-

U      T


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