Patna High Court
Tetar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with specified conditions.
Summary
Petitioners Tetar Yadav and Durgesh Rai were arrested on 12 January 2026 in connection with an assault case (FIR dated 3 January 2026) under several sections of the B.N.S. They were alleged to have attacked an informant and his family with lathis, danda and an iron rod, causing simple injuries. The petitioners pleaded that they have clean antecedents and were falsely implicated, noting that specific allegations existed only against petitioner No.1, while petitioner No.2 faced only a generic charge. The State opposed bail, but the Court, after considering the nature of the injury and the petitioners' clean records, ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused persons under the circumstances of the case.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal antecedents
- simple injury
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28765 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- AMARPUR District- Banka
======================================================
1. Tetar Yadav S/o Late Ganesh Yadav @ Ganeshi Yadav Resident of Village-
Chhattar, Police Station- Fullidumar, Distt.- Banka
2. Durgesh Rai @ Durgesh Ray S/o Late Chaprasi Rai @ Chaprasi Yadav
Resident of Village- Chhattar, Police Station- Fullidumar, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Raj, Advocate
For the State : Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Vivek Raj, learned counsel for the
petitioners and Dr. Mrityunjaya Kr. Gautam, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
12.01.2026, in connection with Amarpur (Fullidumar) P.S. Case
No. 07 of 2026, F.I.R. dated 03.01.2026 registered for the
offences punishable under Sections 126(2), 115(2), 117(2), 109(1),
352, 351(2), 3(5) of the B.N.S.
3. Allegation against the petitioners is that they along
with other co-accused persons assaulted the informant and his
family members with lathi, danda and iron rod, due to which they
sustained injury.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.28765 of 2026(2) dt.28-04-2026
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petitioners have clean antecedents and they have been falsely
implicated in the present case. It appears from the F.I.R. that
although the petitioners are named in the F.I.R. and there is
specific allegation against the petitioner no. 1 that he has assaulted
to one Shankar Roy and Shankar Roy has received injury but the
injury report suggests that the injury is simple in nature caused by
hard and blunt substance and there is no specific allegation of any
assault or overt act attributed against petitioner no. 2 rather there is
general and omnibus allegation against all the accused persons
including the petitioner no. 2. He further submits that the police
after investigation submitted chargesheet against the petitioners
and the petitioners are in custody since 12.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and the
injury inflicted upon the injured person is simple in nature, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Banka in connection with Amarpur
(Fullidumar) P.S. Case No. 07 of 2026, subject to the following
Patna High Court CR. MISC. No.28765 of 2026(2) dt.28-04-2026
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conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond 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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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