Patna High Court
Surender Yadav @ Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(2), 115(2), 126(2), 303(2), 308(4), 3(5), 351(2), 352
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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