Patna High Court
Swarath Yadav @ Swarath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Swarath Yadav, was arrested on 9 February 2026 in connection with a case involving alleged assault with an axe that caused a head injury to the informant's son. The FIR listed offences under Sections 329(3), 126(2), 115(2), 109(1), 352 and 3(5) of the Bihar National Security Act, 2023. The petitioner claimed innocence, arguing that the injury was minor and that he was falsely implicated due to a petty dispute. The prosecution opposed bail, citing a direct allegation in the FIR and the petitioner's prior criminal antecedents. The court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar National Security Act, 2023.
- Whether the petitioner's prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar National Security Act, 2023 — s. 109(1), 115(2), 126(2), 329(3), 3(5), 352
Subjects
- bail
- assault
- axe
- criminal antecedent
- Bihar National Security Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32710 of 2026
Arising Out of PS. Case No.-66 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
Swarath Yadav @ Swarath Kumar S/o Saudhar Yadav @ Sodhar Yadav
Resident of village - Dharampur, P.S - Hathiyawan, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioner and Mr. Aditya Narayan Singh. 1, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.02.2026 in connection with Hathiyawan P.S. Case No. 66 of
2025, F.I.R. dated 03.12.2025 for the offences punishable under
Sections 329(3), 126(2), 115(2), 109(1), 352 and 3(5) of the
BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have abused and assaulted the
informant and his son by means of axe due to which his son
received head injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.32710 of 2026(2) dt.13-05-2026
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present case. As per the allegation in the FIR, the petitioner has
assaulted to the son of the informant by means of axe due to
which he received injury. He further submits that due to some
petty dispute the present occurrence has taken place and the
injury received by the injured person is simple in nature. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 09.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner in the FIR and petitioner carries two criminal
antecedents other than the present one but he is on bail in the
pending matter.
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 CJM,
Sheikhpura in connection with Hathiyawan P.S. Case No. 66 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.32710 of 2026(2) dt.13-05-2026
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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)
Vanisha/-
U T
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