Patna High Court

Hukumdev YadavversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Hukumdev Yadav, was arrested in connection with an alleged assault on the informant's brother, Laxman Yadav, during a violent entry into the informant's house. The prosecution charged him under multiple sections of the B.N.S., alleging that he fractured the victim's hand with a lathi. The petitioner pleaded innocence, argued that the injury was grievous but bailable, and highlighted his lack of prior criminal record and his continued custody since March 9, 2026. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner released on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under multiple sections of the B.N.S. including potentially non‑bailable offences
Whether the nature of the alleged assault qualifies as a bailable offence

Legislation cited

B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352

Subjects

regular bail
assault
grievous injury
criminal procedure
bailable offence
injury report
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27329 of 2026
                      Arising Out of PS. Case No.-547 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Hukumdev Yadav, Son of Ram Chandar Yadav, Residence of Village -Chakla,
                 PS- Baheri, District -Darbhanga


                                                                                   ... ... Petitioner/s

                                                       Versus


                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Yadav, Advocate
                 For the Informant        :       Ms. Madhumala Kumari, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 191(2),

                   190, 126(2), 115(2), 117(2), 118(1), 109(1), 329(4), 303(2),

                   351(2), 352 of the B.N.S.

                                3. The prosecution case, in brief, is that the petitioner

                   along with others having armed with weapons entered the house

                   of the informant and started abusing the informant. Specific

                   allegation against the petitioner is that he has assaulted the

                   brotherof the informant, namely, Laxman Yadav with lathi on

                   his hand due to which his hand was fractured.
Patna High Court CR. MISC. No.27329 of 2026(2) dt.23-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. There is a

          counter version of this case and from perusal of the injury report

          of Laxman Yadav, it transpired that there is tenderness and

          swelling present in the right hand. Tenderness present in left

          knee and right shoulder. He further submits that the allegation

          against the petitioner is of assaulting on hand and from perusal

          of the opinion of the doctor and the injury report, it is clear that

          the injury on hand is grievous in nature. He also submit that

          though the injury is grievous but will fall under the category of

          bailable offence. Petitioner is having no criminal antecedent.

          Moreover, the petitioner is languishing in judicial custody since

          09.03.2026.

                       5. Learned counsel for the informant and learned APP

          appearing for the State has vehemently opposed the prayer of

          regular bail of the petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Baheri P.S. Case No. 547 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.27329 of 2026(2) dt.23-04-2026
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                      each to the satisfaction of learned A.C.J.M. - VII, Darbhanga.


                                            (Ashok Kumar Pandey, J)

khushbu/-

U      T

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