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Patna High Court

Sushil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sushil Yadav, was named in a criminal case (Kadwa P.S. Case No. 27 of 2026) for alleged assault, robbery and related offences under Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109 and 303 of the B.N.S. The prosecution alleged that the brother of an informant was lured to the petitioner’s house, assaulted by the petitioner and a group, and robbed of Rs.5,200. The petitioner’s counsel argued that the allegations were vague, the injuries were minor, there was no specific charge against the petitioner, and that he had a clean antecedent, suggesting a false implication. The State opposed the bail application, maintaining the seriousness of the offences. Considering the nature of the injuries, the petitioner’s clean record and the possibility of false implication, the court ordered bail subject to conditions under Section 482(2) of the B.N.S.S. The bail was set at Rs.10,000 with two sureties and required the petitioner’s presence at all court dates.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the alleged offences
  • Whether the allegations against the petitioner are specific enough to justify denial of bail
  • Whether the petitioner’s clean antecedent and possibility of false implication warrant bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • false implication
  • assault
  • robbery
  • clean antecedent
  • Section 482
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24340 of 2026
                        Arising Out of PS. Case No.-27 Year-2026 Thana- KADWA District- Katihar
                 ======================================================
                 Sushil Yadav S/o- Mahavir Yadav Resident of Village- Kumhari PS- Kadwa,
                 Katihar

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Balkrishna Mishra, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   24-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.    In    the    present      case,    the     petitioner     is

                   apprehending his arrest in connection with Kadwa P.S. Case No.

                   27 of 2026 registered for the offences under Sections 191(2),

                   191(3), 126(2), 115(2), 118(1), 109, 303 of B.N.S.

                                        3. As per prosecution case, the brother of the

                   informant went to the house of the petitioner for recovery of

                   some loan amount but he was sent back by the family members

                   of the petitioner saying that the petitioner was not in the house.

                   Subsequently, the brother of the informant was called on pretext

                   of making payment of installment of Rs.5,000/-. When the

                   brother of the informant reached there, he was assaulted by the
Patna High Court CR. MISC. No.24340 of 2026(2) dt.24-04-2026
                                            2/3




          petitioner and 10 to 15 persons with rod, fists etc. causing injury

          on his head and brother of the informant became unconscious

          and Rs.5,200/- was also snatched from the brother of the

          informant.

                            4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. The allegation against the petitioner and other co-accused

          persons is general and omnibus and there is no specific

          allegation of assault against the petitioner. Though there is

          allegation that brother of the informant was attached on his head

          by iron rod but the injury report does not show any fracture on

          his head and the injury was stated to be simple. Learned counsel

          further submits that other injuries received by the brother of the

          informant are also simple and superficial. However, the

          petitioner has no concern with the alleged occurrence and he has

          been named in this case with ulterior motive. The petitioner is

          having clean antecedent.

                       5. Learned APP opposes the submission made on

          behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of injury and further considering the clean antecedent of
            Patna High Court CR. MISC. No.24340 of 2026(2) dt.24-04-2026
                                                        3/3




                      the petitioner and possibility of false implication, let the

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

                      before the court concerned within a period of eight weeks from

                      today, be released on bail, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

                      the like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Katihar/concerned court in connection with Kadwa

                      P.S. Case No. 27 of 2026, subject to the condition as laid down

                      under Section 482(2) of the B.N.S.S. and other following

                      conditions :

                                              (i) One of the bailors will be a close relative

                                              of the petitioner.

                                              (ii) The petitioner will remain present on

                                              each and every date fixed by the court below,

                                              if so required by the learned trial court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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