Patna High Court
Bipin kumar Yadav @ Bipin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, three Yadav brothers, sought bail fearing arrest in a case (Khajauli P.S. Case No.162 of 2025) alleging offences under several sections of the B.N.S., 2023, including assault and grievous hurt. The prosecution’s informant claimed the petitioners entered his courtyard, tied a towel around his neck, struck him with a farsa and a dagger, causing multiple injuries. The petitioners contended they were innocent, alleging the complaint was a retaliatory filing linked to a separate case filed by the wife of the first petitioner, and that the injuries were simple and they had a clean antecedent. The court observed that both parties had suffered injuries and the medical report confirmed the injuries were simple. Considering these facts and under Section 482(2) of the B.N.S.S., the court granted bail to the petitioners upon surrender within six weeks, subject to a Rs.10,000 bond per petitioner with two sureties and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners pending arrest in the assault case under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- criminal procedure
- assault
- counter case
- simple injuries
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24651 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- KHAJAULI District- Madhubani
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1. Bipin kumar Yadav @ Bipin Yadav Son of Bhubneshwar Yadav R/O Vill.-
Gobraura, P.S.- Khajauli, District- Madhubani
2. Praveen Kumar @ Praveen Yadav Son of Bhubneshwar Yadav R/O Vill.-
Gobraura, P.S.- Khajauli, District- Madhubani
3. Aklesh Yadav @ Akhilesh Yadav Son of Ramdev Yadav @ Ramdeo Yadav
R/O Vill.- Gobraura, P.S.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. appearing for the State.
2. The petitioners apprehend their arrest in connection
with Khajauli P.S. Case No.162 of 2025, for allegedly having
committed offences under Sections 126(2), 115(2), 329(3),
117(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S., 2023.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 16.08.2025 at about 08:00 p.m., when he was
at his courtyard, all the petitioners along with other co-accused
persons entered there and started abusing him. The petitioner
Patna High Court CR. MISC. No.24651 of 2026(2) dt.16-04-2026
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no.1 wrapped a towel around his neck while the petitioner no.3
assaulted the informant on his head with Farsa. The petitioner
no.2 assaulted the informant by a dagger/Chhura due to which,
the informant suffered multiple injuries.
4. The learned counsel for the petitioners submits that
the petitioners are innocent and the present case has been lodged
by the informant as a counter blast of Khajauli P.S. Case No.163
of 2025, which has been lodged by Soni Devi, who is the wife
of petitioner no.1. There is case and counter case and there was
a free fight in between the parties. It is further submitted that the
doctor, who treated the informant, has found the injuries to be
simple in nature and the petitioners have got a clean antecedent.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioners.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that there is case
and counter case in between the parties and both sides have
suffered injuries. Further, from perusal of Annexure-P/3 to the
present petition, which is the injury report of the informant, it
appears that the doctor has found all the three injuries on the
body of the informant to be simple in nature.
7. Taking into consideration the facts aforesaid, let the
Patna High Court CR. MISC. No.24651 of 2026(2) dt.16-04-2026
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petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate, 1st Class, Madhubani in
connection with Khajauli P.S. Case No.162 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedent, the
court concerned shall take steps for cancellation of bail bonds of
the petitioners. 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.
(Ritesh Kumar, J.)
Sanjay/-
U T
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