Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail given the superficial nature of the injury and lack of repeat offence.
Summary
Ashok Yadav was arrested in connection with a case registered under sections 126(2), 115(2), 109, 352, 351(2), 303(2) and 3(5) of the Bihar Penal Code, alleged to have assaulted an informant with a blunt object on the head. The petitioner sought regular bail, contending that the injury was superficial—a 2‑inch incised wound deemed simple by the doctor—and that there was no repetition of the assault. The prosecution opposed bail, arguing the seriousness of the offences. The court examined the case diary, the medical opinion, and the fact that the petitioner had been in judicial custody since 19‑02‑2026, and found the injury to be minor. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the SDJM, East Champaran.
Issues considered
- What is the appropriate bail disposition for a petitioner charged with multiple offences where the alleged injury is superficial and there is no evidence of repeated assault?
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- assault
- injury
- Bihar Penal Code
- sections 126,115,109,352,351,303,3
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30831 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Ashok Yadav Son of Late Jagdeo Yadav Resident of village - Parsauna Tapsi,
P.S.- Palanwa, District - East Champaran Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2),109, 352, 351(2), 303(2) and 3(5) of BNS.
3. The case of the prosecution is that the petitioner has
assaulted with farsa on the head of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
order of the learned trial court, it transpires that learned trial
court has recorded that in para-29 of the case diary, the injured
has received injury which is incised wound approx 2 inch x 1/6
inch x 1/6 inch on left side parietal region of head and the nature
Patna High Court CR. MISC. No.30831 of 2026(2) dt.07-05-2026
2/2
of injury is simple. Learned counsel has further submitted that
there is also a counter version of this case and also there is no
repetition of blow. The dimension of the injury goes to show
that the injury is superficial in nature. Moreover, the doctor has
opined the nature of injury is simple. Learned counsel has
further submitted that the petitioner is languishing in judicial
custody since 19.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Palanwa P.S. Case No. 204 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned SDJM, East Champaran,
Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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