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Patna High Court

Swarath Yadav @ Swarath KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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