Patna High Court
Ranjan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding that the delay and inconsistencies in the FIR, along with his clean record, justified release on bond.
Summary
The petitioner, Ranjan Yadav, applied for regular bail in a case registered under several sections of the Bihar Penal Code for allegedly assaulting the informant's son with a rod. The prosecution alleged that the petitioner participated in the assault, while the petitioner’s counsel argued that the FIR was filed three days after the incident and contained inconsistencies, such as the location of medical treatment. The counsel also highlighted the petitioner’s clean criminal record and his continued detention since 3 April 2026. The State opposed bail, emphasizing the seriousness of the alleged assault. After considering the delay in filing the FIR, the lack of specific allegations against the petitioner, and his personal circumstances, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the alleged offences
- Whether the delay in filing the FIR and inconsistencies in the complaint affect the merit of the bail application
- Whether the petitioner’s clean criminal record and custodial duration warrant bail
Legislation cited
- Bihar Penal Code — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- regular bail
- criminal procedure
- Bihar Penal Code
- delay in FIR
- assault
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41194 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- CHEWARA District- Sheikhpura
======================================================
Ranjan Yadav S/O Late Naresh Yadav R/O Village- Diha, P.S.- Ariyari, Distt.-
Sheikhpura (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191(2), 190,
115(2), 126(2), 109(1), 303(2), 351(2) and 352 of BNS.
3. The case of the prosecution is that the petitioner
along with others has assaulted the son of the informant with
rod.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the occurrence is of 06.03.2026 whereas the
FIR was lodged on 09.03.2026. There is delay but the same has
not been explained. Learned counsel has submitted that the
Patna High Court CR. MISC. No.41194 of 2026(2) dt.29-06-2026
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informant is the resident of Sheikhpura whereas according to the
Fir, the injured was brought to Nawada for treatment, however,
the hospital was very much near to the place of occurrence. It
has also been submitted that the nature of allegation is general
and omnibus. The injury report has been obtained from a private
hospital and according to which, there is fracture of Tibia left
and proximal displayed fracture of right shaft. Learned counsel
has further submitted that there is no specific allegation against
this petitioner. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
03.04.2026.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail and have submitted that the petitioner along with
others has badly assaulted the son of the informant.
6. 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 released on bail in connection with
Chewara (Chewada) P.S. Case No. 29 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.41194 of 2026(2) dt.29-06-2026
3/3
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-2, Sheikhpura.
(Ashok Kumar Pandey, J)
Shubham/-
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