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Patna High Court

Tetar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                           3/3




                         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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