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Patna High Court

Bhuneshwar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.31351 of 2026(2) dt.12-05-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.31351 of 2026(2) dt.12-05-2026
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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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