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Patna High Court

Surender Yadav @ Surendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner on condition of a bail bond and sureties.

Summary

The petitioner, Surender Yadav, was arrested in connection with a case alleging assault on the son of an informant after a liquor seizure. The FIR charged him under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and related offences. The petitioner argued that the injury was simple and that he was falsely implicated, having been in custody since 12 February 2026. The State opposed bail, citing the seriousness of the allegations. After hearing both sides, the court noted the simple nature of the injury and the duration of custody, and ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the Sub Divisional Judicial Magistrate’s satisfaction.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite the charges of assault and related offences.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • simple injury
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23872 of 2026
                   Arising Out of PS. Case No.-294 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Surender Yadav @ Surendra Yadav Son of Bindeshwari Yadav R/O Village -
                 Bahorwa, P.S. - Kusheshwar Asthan, District - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nawal Kishor Prasad, Advocate
                 For the Opposite Party/s :     Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   16-04-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Kusheshwar Asthan P.S.

                   Case no.294 of 2025 registered under sections 126(2), 115(2),

                   109(2), 308(4), 303(2), 352, 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that on suspicion that it was as a result of the disclosure made

                   by his son that a big consignment of illicit liquor was seized by

                   the police personnel, the informant states that the accused

                   persons assaulted his son seriously injuring him. The petitioner

                   was amongst the eight named accused persons and he is said to

                   have assaulted the son of the informant with an iron rod.
            Patna High Court CR. MISC. No.23872 of 2026(2) dt.16-04-2026
                                                        2/2




                                        4. Learned counsel for the petitioner submits that

                      the injury report of the son of the informant shows the injury to

                      be simple in nature besides it does not support the allegation of

                      assault by so many accused persons. The petitioner has been

                      falsely implicated in the case because of his antecedent and is in

                      custody since 12.2.2026. He undertakes to cooperate in the

                      investigation/trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                      6. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioner in

                      the FIR, the injury having been found to be simple in nature and

                      the petitioner having remained in custody since 12.2.2026, the

                      Court directs the petitioner to be enlarged on bail in connection

                      with Kusheshwar Asthan P.S. Case no.294 of 2025 on furnishing

                      bail bond of Rs.10,000/ (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Sub Divisional Judicial Magistrate, Biraul, Darbhanga.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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