Patna High Court
Himashu Yadav @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with conditions under Section 482(2).
Summary
The petitioner, Himashu Yadav, sought bail fearing arrest in connection with Sadar Police Station Case No. 356 of 2025, which alleged offences under multiple sections of the Bihar Penal Code. The prosecution alleged that the petitioner, along with co‑accused, assaulted an informant and his family with a bamboo stick over a monetary dispute, causing injuries. The petitioner contended that he was falsely implicated, that the FIR was lodged after a four‑day delay, no medical report supported the alleged injuries, and that the real dispute involved the informant’s family assaulting the petitioner’s family, with a related case already filed against them. The State opposed the bail application. Considering the doubtful nature of the allegations, the possibility of false implication, and the petitioner’s clean antecedents, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether bail should be granted to the petitioner given the allegations of assault and other offences.
- Whether the allegations against the petitioner are doubtful enough to warrant bail under Section 482(2).
Subjects
- bail
- false implication
- assault
- criminal procedure
- Section 482
- anticipatory bail
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29060 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Himashu Yadav @ Himanshu Kumar S/o Lalit Yadav Resident of Village -
Kabariya Mushari, P.S.- Sadar, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Sadar P.S. Case No.
356 of 2025 registered for the offences under Sections 191(2),
190, 126(2), 115(2), 74, 329(4), 303(2), 352, 351(2), 117(2) of
BNS.
3. As per prosecution case, in the background of
dispute over payment of money to the son of the informant, the
petitioner and other co-accused persons came to the house of the
informant and assaulted the informant, his son and his brother
with bamboo stick causing injuries to them.
Patna High Court CR. MISC. No.29060 of 2026(2) dt.06-05-2026
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4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. No occurrence in the manner as alleged has ever taken
place. The FIR has been lodged after delay of 4 days without
any explanation. There is general and omnibus allegation
against the petitioner and other co-accused persons. The specific
allegation against the petitioner is that the petitioner hit the
informant with bamboo stick and as the informant shirked the
blow, he received injury on his back and thigh. But no injury
report of the informant has been brought on record and which
shows the allegation of assaulting the informant has not
supported with document. The specific allegation of causing
fracture of rib cage is against co-accused Maheshwar Yadav,
who has been granted anticipatory bail by the learned Sessions
Court. Learned counsel further submits that the actual fact of the
case is that on the alleged date of occurrence the informant, his
son and others, due to previous enmity, entered into the house of
the petitioner and they misbehaved with the mother of the
petitioner and also assaulted the family members of the
petitioner for which Sadar P.S. Case No. 357 of 2025 was
lodged against the informant of this case and his family
members. Learned counsel further submits that there was
Patna High Court CR. MISC. No.29060 of 2026(2) dt.06-05-2026
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exchange of hot words between the informant and the father of
this petitioner during last Panchayat election and since then
dispute is going on between the parties. The petitioner is having
clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and
possibility of false implication, let the petitioner above named,
in the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Darbhanga/concerned court in connection with Sadar P.S. Case
No. 356 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
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on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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