Patna High Court
FUTANI YADAV @ VIJAY YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that despite the seriousness of the charges, the petitioner’s clean antecedent and absence of intent to kill justified the grant of bail with appropriate conditions.
Summary
Futani Yadav (Vijay Yadav) was arrested in connection with an assault on his informant’s father‑in‑law, Ramprit Yadav, using a lathi that caused a head injury. He is charged under multiple sections of the Bihar Penal Code, including offences relating to assault, grievous hurt and other violent acts. The petitioner sought bail, arguing a clean antecedent and that the incident arose from a petty dispute without any intention to kill. The State opposed bail, emphasizing the seriousness of the alleged grievous injury. The court, noting the petitioner’s clean record and lack of murderous intent, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate‑II, Nalanda.
Issues considered
- Whether bail should be granted to an accused charged with multiple serious offences including grievous hurt.
- Whether the petitioner’s clean antecedent and lack of intent to kill outweigh the seriousness of the alleged assault.
- What conditions may be imposed on bail in such circumstances.
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 117(2), 126(2), 329(3), 329(4), 3(5), 351(3), 352, 74
Subjects
- bail
- assault
- grievous hurt
- criminal antecedent
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36923 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- TELMAR District- Nalanda
======================================================
FUTANI YADAV @ VIJAY YADAV Son of Arjun Yadav Resident of Village-
Naya Khandha, P.S.- Telmar in the District of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner, learned counsel for the Informant and Mr. Narendra
Kumar Singh, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
06.03.2026 in connection with Telmar P.S. Case No. 82 of 2025,
F.I.R. dated 18.11.2025 registered for the offence punishable
under Sections 126(2), 115(2), 117(2), 109(1), 74, 329(3),
329(4), 352, 351(3), 3(5) of B.N.S.
3. Allegation against the petitioner is that he assaulted
to the father-in-law of the informant, namely, Ramprit Yadav by
means of lathi causing injury on his head.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. It appears from the F.I.R that
Patna High Court CR. MISC. No.36923 of 2026(2) dt.16-06-2026
2/3
due to some petty dispute, the present occurrence has taken
place. There is case and counter-case. Although there is specific
allegation against the petitioner that he assaulted to the father-
in-law of the informant, namely, Ramprit Yadav but there was
no intention to kill anyone. Further submits that the police after
investigation submitted the charge-sheet against the petitioner
and the petitioner is in custody since 06.03.2026.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner and submits that from a bare perusal of the
F.I.R it appears that there is direct and specific allegation against
the petitioner that he assaulted to the father-in-law of the
informant, namely, Ramprit Yadav and he has received the
injury which is grievous in nature.
6. Considering the aforesaid facts and petitioner has
clean antecedent, 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
learned Additional Chief Judicial Magistrate-II, Nalanda at
Biharsharif in connection with Telmar P.S. Case No. 82 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.36923 of 2026(2) dt.16-06-2026
3/3
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.