Patna High Court
Kamlesh Yadav @ Kamlesh BadshahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the injuries were simple and on non‑vital parts, thereby not establishing an intention to cause death, and granted bail to the petitioners.
Summary
The petitioners, Kamlesh Yadav and Ravi Kumar Yadav, were charged under several sections of the Bhartiya Nyaya Sanhita, 2023 for allegedly assaulting an informant and causing bodily injuries with alleged intent to cause death. They contended that the case was false, arising from a personal dispute, and that the injuries were to non‑vital parts and medically simple, negating any intent to kill. The prosecution opposed bail, citing the seriousness of the charges and the petitioners' prior criminal antecedents. The court examined the medical report and the nature of the injuries, finding them insufficient to infer a lethal intent. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether the nature and location of the injuries justify denial of bail under Sections 438 CrPC and 482 BNS.
- Whether the alleged intent to cause death can be inferred from the medical evidence.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- intent to cause death
- assault
- Bhartiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNS
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38016 of 2026
Arising Out of PS. Case No.-494 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
1. Kamlesh Yadav @ Kamlesh Badshah S/o Uday Yadav R/o Parsa Rahimpur,
P.S.- Parsa Bazar, Distt.- Patna 804453
2. Ravi Kumar Yadav, S/o Anil Yadav R/o Parsa Rahimpur, P.S.- Parsa Bazar,
Distt.- Patna 804453
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Manas Rajdeep, Advocate
Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-06-2026 Defects as pointed out by the office is ignored in
view of the impugned order, as same appears to explain the
injuries.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
3. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Parsa
Bazar P.S. Case No.494 of 2025 registered under Sections
115(2), 126(2), 109, 352, 351(2) read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
4. As per FIR, petitioners alleged to assault the
informant and others during the occurrence causing head
Patna High Court CR. MISC. No.38016 of 2026(2) dt.09-06-2026
2/3
and bodily injuries, with intention to cause their death.
5. It is submitted by learned counsel appearing for
petitioners that prior to this occurrence, the sister of
informant was outraged by informant’s side for which Parsa
Bazar P.S. Case No.482 of 2025 was lodged and just for
creating a counter legal pressure, the present false case was
lodged. It is submitted that the impugned order itself
explained that the injury was on non-vital part and upon
medical examination, it was found simple in nature, which
prima facie negate the intention to cause death.
6. Explaining criminal antecedent, it is submitted
that petitioner no.1 found involved in three more criminal
cases, where he is on bail, whereas petitioner no.2 found
involved in one more criminal case, where he is also on bail.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submissions and by
taking note of fact as the injury alleged to be caused by
petitioners prima facie appears on non-vital part of the body,
where nature of injury upon medical examination also found
simple in nature prima facie negating the intention to cause
Patna High Court CR. MISC. No.38016 of 2026(2) dt.09-06-2026
3/3
death, accordingly, both petitioners, above-named, in the
event of their arrest or surrender in the court below within a
period of four weeks, are directed to be released on bail, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned JMFC-IV, Patna in connection with
Parsa Bazar P.S. Case No.494 of 2025, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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