Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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