Patna High Court
Mahendra yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 and two sureties each, under Section 482(2) of the BNSS.
Summary
The petitioners, Mahendra Yadav and Om Prakash Yadav, were accused in a case (PS Barahat, Case No. 229 of 2025) of assaulting the daughter of an informant, with allegations of grievous injuries and outraging modesty. They contended that the accusations against them were general, omnibus, and arose from a minor dispute that involved mutual scuffles and counter‑claims. The State opposed their bail, emphasizing the seriousness of the offences listed under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Court examined the nature of the allegations, noting the lack of specific evidence against the petitioners and the presence of a case‑and‑counter‑case scenario. Relying on Section 482(2) of the BNSS, the Court held that bail could be granted provided the petitioners furnished a bond and sureties. Accordingly, the petitioners were released on bail subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under sections 126(2), 115(2), 109(1), 74, 75, 352(2), and 3(5) of the BNSS
- Whether the allegations against the petitioners are sufficiently specific to deny bail
- Application of Section 482(2) of the BNSS in granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 3(5), 352(2), 482(2), 74, 75
Subjects
- bail
- criminal procedure
- BNSS
- general and omnibus allegations
- assault
- outraging modesty
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30081 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- BARAHAT District- Banka
======================================================
1. Mahendra yadav son of Late Chulhay yadav Resident of Village- Kharwa,
Ps- Barahat, Dist- Banka
2. Om Prakash Yadav @ Om Prakash Kumar yadav Son of Mahendra yadav
Resident of Village- Kharwa, Ps- Barahat, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajib Ranjan Jha
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(2), 115
(2), 109(1), 74, 75, 352(2), 3(5) of B.N.S.
3 . The case of prosecution is that on 20.07.2025, at
about 7:00 pm, when daughter of informant, namely, Sulochana
Kumari went to feed her cattle, in the meantime accused persons
namely, 1. Hemendra Yadav, 2. Devendra Yadav, 3. Mahendra
Yadav (petitioner) 4. Sajan Kumar, 5. Priyansh Kumar, 5. Prem
Raj, and 7. Om Prakash Yadav (petitioner) came and fenced her
house and attacked her daughter. During the attack, accused
Patna High Court CR. MISC. No.30081 of 2026(2) dt.11-05-2026
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Mahendra Yadav (petitioner) threw her daughter on the ground
and attacked by fist and leg. co-accused Devendra Yadav gave a
blow of rod on the jead of her daughter, as a result, of which her
head ruptured and blood staSrted oozing, co-accused Sajan
Kumar gave a blow of lathi on the right thigh of her daughter
and co-accused accused Hemendra Yadav tore the cloth of her
daughter with intent to outrage her modesty and co-accused
persons Priyanshu Kumar and Prem Raj dragged her daughter
by catching her hair.
4. It is submitted on behalf of the petitioners that due
to minor dispute, and a scuffle took place between both the
parties in which both sides inflicted injuries on each other. Case
and counter case. Specific accusation is against other co-
accused persons. So far as these petitioners are concerned,
allegationd is general and omnibus against them. Rest of the
allegations are ornamental in nature to make the case grave .
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the general and omnibus allegation
against these petitioners, case and counter case between the
parties and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
Patna High Court CR. MISC. No.30081 of 2026(2) dt.11-05-2026
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petitioners, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned C.J.M.
Banka in connection with (Banka) Barahat P.S. Case No. 229 of
2025 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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