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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Rajesh Yadav applied for regular bail in a criminal case (PS Case No. 11 of 2026) alleging assault with an iron rod causing grievous injury, charged under multiple sections of the B.N.S. The prosecution alleged that the petitioner assaulted the informant's son during a matrimonial dispute. The petitioner contended he was falsely implicated, acted to rescue the informant's wife, and highlighted a four‑day delay between the incident (22‑01‑2026) and the FIR (26‑01‑2026), lack of repeated blows, and his clean criminal record. The State opposed bail. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352, 74

Subjects

  • regular bail
  • criminal procedure
  • assault
  • grievous injury
  • maternity dispute
  • delay in FIR
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28213 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Rajesh Yadav, S/o Sukhdeo Yadav, R/o Village - Kowaykhurd, P.S -
                 Sindhugarh, District - Gaya
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Praveen Kumar, Advocate
                 For the Opposite Party/s :       Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner 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),

                   191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 303(2), 74, 352,

                   351(2) and 351(3) of B.N.S.

                                3. The case of the prosecution, in short is that while

                   there was some matrimonial dispute between son of the informant

                   and his wife, the petitioner along with others arrived there and it is

                   alleged that the petitioner has assaulted with iron rod on the head

                   of the informant’s son due to which he has received grievous

                   injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has been

                   falsely implicated in this case. Learned counsel for the petitioner
             Patna High Court CR. MISC. No.28213 of 2026(2) dt.04-05-2026
                                                         2/2




                       has submitted that the petitioner and the informant both are of

                       same family. It has further been submitted that as the son of the

                       informant was assaulting brutally his wife, the petitioner along

                       with others has gone there to rescue and the occurrence has taken

                       place. It has further been submitted that from perusal of the F.I.R.

                       it will transpire that the occurrence is of 22.01.2026 whereas the

                       F.I.R. was lodged on 26.01.2026. There is delay of 4 days and the

                       delay is not explained. It has further been submitted that there is

                       no repetition of the blow. Petitioner is having no criminal

                       antecedent and he is languishing in judicial custody since

                       06.02.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the prayer of regular bail.

                                    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

                       Sindhugarh P.S. Case No. 11 of 2026 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M., Sherghati, Gaya Jee.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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