Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail upon furnishing a Rs.10,000 bond with two sureties.
Summary
The Patna High Court considered the bail application of Sanjay Yadav, who was arrested in connection with a case (Ramgadhwa P.S. Case No. 194 of 2025) involving alleged assault and homicide of a specially‑abled informant’s son under Sections 191(2), 191(3), 115(2), 126(2), 117(2), 103(1) and 352 of the Bihar Negotiable Instruments Act, 2023. The petitioner claimed innocence, arguing that the FIR was split – a specific allegation against another accused, Sanjeet Yadav, and a general allegation against all accused – and that the post‑mortem report did not directly implicate him. He also highlighted his clean record and that Sanjeet Yadav had already been granted bail by a coordinate bench. The State opposed bail, but the Court, after weighing the facts, granted bail on the condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the SDJM, Motihari, upon furnishing the bond.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the split nature of the FIR and the lack of direct evidence against the petitioner justify bail.
- Whether the grant of bail to a co‑accused (Sanjeet Yadav) influences the bail decision for the petitioner.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 103(1), 115(2), 117(2), 126(2), 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- specially abled victim
- Bihar Negotiable Instruments Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39490 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Sanjay Yadav S/O Late Ramji Rai @ Late Ramji Yadav R/O Village-
Bhaisada, P.S- Ramgarhwa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ramgadhwa P.S. Case No. 194 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 115(2),
126(2), 117(2), 103(1) and 352 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioner, along with others, has assaulted the son of the
informant, who is specially abled.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He further submits that the FIR is in two parts; in the first
Patna High Court CR. MISC. No.39490 of 2026(2) dt.22-06-2026
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part, there is specific allegation against one Sanjeet Yadav, who
has beaten badly the son of the informant. In the second part of
the FIR, it is alleged that all the accused persons have assaulted
the son of the informant who succumbed to the injuries. He
further submits that the nature of the allegation is general and
omnibus and from perusal of the post-mortem report of the
deceased, it will transpire that the doctor conducting the autopsy
of the deceased has found the following:
(i) Deformity on the right thigh, with cutting blood
and blood clot present with fracture of the right femur at
midpart
(ii) Bruise on the back of the chest measuring 5"x3",
and the doctor conducting the autopsy of the deceased has
opined that the cause of death is hemorrhage and shock.
5. Learned counsel for the petitioner submits that
Sanjeet Yadav, who was having a specific allegation of
assaulting the deceased, has been granted bail by the learned
coordinate Bench of this Court vide Cr. Misc. No. 22256 of
2026. The case of this petitioner stands on better footing.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 15.12.2025.
Patna High Court CR. MISC. No.39490 of 2026(2) dt.22-06-2026
3/3
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Motihari at East Champaran in connection with
Ramgadhwa P.S. Case No. 194 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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