Patna High Court
Barhan Yadav @ Barhan @ Barhan Mahto @ Badhan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Barhan Yadav, a 79‑year‑old resident of Kaloi village, was arrested in connection with a 2018 case (PS Imamganj No.111) alleging offences under Sections 341, 323, 324, 307, 504, 379 read with Section 34 of the IPC. He contended that he was falsely implicated due to a village rivalry and that the FIR was vague, lacking any specific act or weapon description, and did not identify the person who caused the grievous injury to Karu Yadav. The petitioner had no prior criminal record and had been in custody since 23‑02‑2026, while a co‑accused, Navin Kumar, had already been granted bail. The State opposed bail, but the court noted the petitioner’s advanced age, clean antecedent, the lack of specific allegations, and the precedent of bail to the co‑accused. Consequently, the court ordered his release on regular bail with a bond of Rs.20,000 and two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences alleged under the IPC.
- Whether the vagueness of the FIR and lack of specific allegation against the petitioner justify bail.
- Whether the petitioner’s age, clean antecedent, and the bail granted to a co‑accused affect the bail decision.
Legislation cited
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504
Subjects
- regular bail
- IPC offences
- vague FIR
- village rivalry
- age factor
- clean antecedent
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31903 of 2026
Arising Out of PS. Case No.-111 Year-2018 Thana- IMAMGANJ District- Gaya
======================================================
Barhan Yadav @ Barhan @ Barhan Mahto @ Badhan Yadav, S/o- Late Aditya
Yadav @ Aditya Mahto, R/o Village- Kaloi, P.S.-Imamganj, Dist- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Imamganj P.S. Case No. 111 of 2018 registered for the offences
punishable under Sections 341, 323, 324, 307, 504, 379 read
with Section 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case due to village rivalry and petty dispute between the
parties, who are next-door neighbours and pattidars. It is
submitted that the allegations against the petitioner are general
and omnibus in nature and no specific overt act has been
attributed to him. Learned counsel further submits that the FIR
does not disclose as to what weapon was carried by the
petitioner and even according to the prosecution story, only one
Patna High Court CR. MISC. No.31903 of 2026(2) dt.12-05-2026
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injured namely Karu Yadav sustained grievous injury, but the
author of the said injury has not been specified. It is also
submitted that co-accused Navin Kumar, against whom there is
graver allegation under Section 379 of IPC, has already been
granted bail by the learned court below. Learned counsel further
submits that the case is of the year 2018 and no process under
Sections 82/83 of Cr.P.C. was ever issued against the petitioner.
It is lastly submitted that the petitioner has no criminal
antecedent and he is in custody since 23.02.2026.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions and mainly coupled with the fact that the
petitioner is said to be 79 years old person and in the FIR, no
specific allegation has been levelled against the petitioner and
one co-accused namely, Navin Kumar carrying almost similar
nature of allegation has been granted bail by the trial court itself
and also taking into account the fair and clean antecedent of the
petitioner as well as his custody period, this Court is inclined to
grant the relief of bail to the petitioner. Accordingly, let the
petitioner named-above be released on bail on furnishing bail
Patna High Court CR. MISC. No.31903 of 2026(2) dt.12-05-2026
3/3
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Imamganj P.S. Case No.
111 of 2018.
(Shailendra Singh, J)
maynaz/krishna/
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