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Patna High Court

Mahendra yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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