Patna High Court
Bhuneshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Bhuneshwar Yadav, was arrested on 27 January 2026 in connection with a violent incident alleged to have occurred on 12 December 2025, where several accused allegedly attacked the informant's brother with knives, resulting in serious injuries. The FIR charges the petitioner under multiple sections of the Bihar Penal Code, including offences of murder, attempt to murder, and assault. The petitioner contended that he was falsely implicated, that the FIR was fabricated, and that he was merely a member of the mob with no intent to kill. The State opposed bail, highlighting the seriousness of the charges and the petitioner’s antecedent in two other cases. The Court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence, while allowing verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under sections 190, 191(2), 115(2), 126(2), 324(4), 118(2), 109 and 303(2) of the Bihar Penal Code.
- Whether the petitioner’s alleged antecedent cases affect the grant of bail.
- Whether the allegations of a forged FIR and false implication are sufficient to deny bail.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 303(2), 324(4)
Subjects
- bail
- criminal procedure
- IPC
- section 190
- section 191
- section 115
- section 126
- section 324
- section 118
- section 109
- section 303
- false implication
- antecedent
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31351 of 2026
Arising Out of PS. Case No.-700 Year-2025 Thana- HISUWA District- Nawada
======================================================
Bhuneshwar Yadav S/o Umesh Yadav R/o Village - Nasratpur, Fulwariya
Hiska, PS - Hisua, District - Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Akshay Lal Pandit
For the Informant : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-05-2026 Heard Mr. Ajay Kumar, learned counsel for the
petitioner, Mr. Arun Kumar, learned counsel for the informant
and Mr. Akshay Lal Pandit, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.01.2026 in connection with Hisua P.S. Case No. 700 of 2025,
for the offences punishable under Sections 190, 191(2), 115(2),
126(2), 324(4), 118(2), 109, 303(2) of BNS.
3. The case of the prosecution, in brief, is that on
12.12.2025 at about evening 6:00P.M. the informant Ravindra
Yadav has given written application to local police station that
the informant's brother was going to his house on his tractor via
Washat Hisua and on Rajgir Road, the informant's brother
Patna High Court CR. MISC. No.31351 of 2026(2) dt.12-05-2026
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purchased some house hold item from family Mega Mart and
when he came to go the tractor, in the meantime accused
persons namely (i) Ramashish Yadav (ii) Satish Yadav, (iii)
Vikash Yadav, (iv) Kaushal Yadav (vi) Yogendra Yadav vii)
Bhuneshwar Yadav (viii) Umesh Yadav (ix) Lokesh Yadav (x),
Rajesh Yadav, they are lashed the Arms with sharp weapons
attacked on the informant's brother with intention to kill, the
accused Ramashish Yadav stabbed in the stomach of informant's
brother due to which he flee down on the ground, accused Satish
Yadav stabbed, Vikash Yadav, stabbed on chest, Kaushal Yadav
stabled his neck with Pasuli due to which the neck got cut. It is
further alleged that all other persons also stabbed on his brother
and local person has been seen the incident and nearby people
save the life of the informant's brother and went to hospital for
better treatment and thereafter the lodged this case.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
further submitted that the allegation as alleged in the FIR is
forged and fabricated and the petitioner has not committed any
offence as alleged in the FIR. It is next submitted that although
the petitioner is named in the FIR but from perusal of the FIR it
appears that the specific allegation of assault is attributed
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against co-accused persons, namely, Ramashish Yadav, Satish
Yadav, Vikash Yadav, Yogendra Yadav and Kaushal Yadav and
petitioner is only a member of the mob. It is next submitted that
it appears from the FIR that due to previous land dispute the
present occurrence has taken place. Learned counsel for the
there is no intention on the part of the petitioner to kill anyone
and the police after investigation has submitted charge sheet and
the petitioner is in custody since 27.01.2026.
5. The learned Additional Public Prosecutor for State
and learned counsel for the informant have vehemently opposed
the prayer for bail of the petitioner and submits that petitioner
has antecedent of two cases other than the present case but fairly
submits that petitioner is on bail in one case and the other case is
pending for consideration before the Court of competent law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawada in connection with Hisua P.S. Case
No. 700 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-
U T
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