Patna High Court
Brajesh Kumar @ Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that, in the absence of specific allegations against the petitioner and given his clean record, bail should be granted.
Summary
The petitioner, Brajesh Kumar, sought bail in a case registered under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 3(5) of the Bihar Non‑Applicable (BNS) for alleged participation in a mob assault on the husband of an informant. The prosecution alleged that the petitioner was part of a group that abused and assaulted the victim, with specific accusations directed at other accused. The petitioner’s counsel argued that the allegations against him were vague, that he was merely a member of the mob, had no prior criminal record, and had been in judicial custody since 23‑03‑2026. The State opposed bail, contending the seriousness of the offences. After hearing both sides, the Court found the allegations against the petitioner to be general and not specific, and, considering his lack of antecedents, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS.
- Whether the allegations against the petitioner are specific enough to justify denial of bail.
Legislation cited
- Bihar Non‑Applicable (BNS) — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- mob assault
- Bihar Non‑Applicable
- Sections 126,115,109,352,351,3
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42977 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Brajesh Kumar @ Brajesh Yadav S/O Shambhu Yadav R/O Village- Sapha,
P.S- Maheshkunt, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Maheshkhunt P.S. Case No.48 of 2026 registered for the
offence punishable under Sections 126(2), 115(2), 109, 352,
351(2), 351(3) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioner along with others started abusing and assaulting the
husband of the informant. It is specifically alleged that on
exhortion of one Binay Kumar, Nikesh Yadav fired with country
made pistol and Ranvir Kumar Ranjan assaulted with lathi to
the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that main thrust of allegation is against
Nikesh Yadav and Ranvir Kumar Ranjan. The allegation against
the petitioner is general and omnibus and it is apparent from the
Patna High Court CR. MISC. No.42977 of 2026(2) dt.01-07-2026
2/2
order of the learned trial court that learned trial court has
recorded that the husband of the informant has received head
injury and that bullet was extracted from the head. Learned
counsel for the petitioner has submitted that petitioner is merely
a member of the mob and there is no specific allegation against
him. It has lastly been submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
23.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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 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 court of learned
Judicial Magistrate- 1st Class, Khagaria in connection with
Maheshkhunt P.S. Case No.48 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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