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Patna High Court

Ranjan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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/-

U     T


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