Patna High Court
Uday Kumar @ Uday YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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