Patna High Court
Sushil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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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